Parella reiterates East Providence’s data protection policy

Judge orders Faria to return city documents, restricts his access to City Hall, employees

By Mike Rego
Posted 8/1/18

EAST PROVIDENCE — The recent legal jousting between Ward 4 Councilman Brian Faria and his peers on the body came to a head in the last few weeks when representatives from both sides appeared before …

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Parella reiterates East Providence’s data protection policy

Judge orders Faria to return city documents, restricts his access to City Hall, employees

Posted

EAST PROVIDENCE — The recent legal jousting between Ward 4 Councilman Brian Faria and his peers on the body came to a head in the last few weeks when representatives from both sides appeared before Superior Court Judge Maureen Keough on Friday, July 20.

Judge Keough heard from Mr. Faria’s counsel, former Rhode Island Speaker of the House John Harwood, and that of the city, Nicholas Nybo, on matters relating to an investigation into the former’s actions at City Hall specifically during an approximately 10-hour period overnight one evening in April of this year. It was then that Mr. Faria is alleged to have made copies of several potentially sensitive documents, including some from the law department.

Despite Mr. Harwood’s arguments to the contrary, Judge Keough said she was of the opinion the materials were relevant to the investigation and appeared to agree with the assertion of Mr. Nybo their random publication could possibly put the city at some legal risk. The judge ordered Mr. Faria to return all of the papers to the city. She set a 5 p.m. deadline on Tuesday, July 24. She also ordered Mr. Faria be restricted to accessing City Hall only during regular business hours, limited his contact with municipal employees also to regular business hours and for him to refrain from posting any city documents to social media sites.

The City Council met for the first time since the court proceedings Tuesday night, July 24. Acting City Manager/East Providence Police Chief Chris Parella included a discussion point titled, “Unauthorized Use of City Email and Electronic Data."

In light of Mr. Faria’s case, Chief Parella reiterated the existing policy on the use of and access to municipal documents while emphasizing his manager's office oversight on the matter.

Chief Parella said in part and in due to recent events, “When it comes to computer and electronic policy, the internet, email domains, they are the property of the City of East Providence.” He continued he would take “whatever means necessary to protect the integrity” of the city’s data.

The chief noted “anyone who uses the data is subject to the policy,” including employees, appointees, volunteers and elected officials. Chief Parella said he has the authority to enforce the rules, apply discipline and, in extreme cases, “monitor and restrict access” where necessary.

Chief Parella also made a stern declaration to those who have released information publicly while acknowledging “free speech” protections and an “appetite” for information.

“To anyone who uses our data , and this has gone on for a long time, if you release it to get back at someone politically, or because you don’t like your boss, or you don’t like what the solicitor has done, it’s not going to happen anymore,” the chief said. “I feel it’s been a big problem in this city for a long period of time…If you use data understand it is city property.”

Asked last week if Mr. Faria had fully complied with Judge Keough’s ruling, Chief Parella declined comment directly, instead saying the “matter is still open.”

Of his decision to provide the council with the data and email use overview, he added, “It’s a position the city did not want to be in, but recent events precipitated a need to respond.”

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Jim McGaw

A lifelong Portsmouth resident, Jim graduated from Portsmouth High School in 1982 and earned a journalism degree from the University of Rhode Island in 1986. He's worked two different stints at East Bay Newspapers, for a total of 18 years with the company so far. When not running all over town bringing you the news from Portsmouth, Jim listens to lots and lots and lots of music, watches obscure silent films from the '20s and usually has three books going at once. He also loves to cook crazy New Orleans dishes for his wife of 25 years, Michelle, and their two sons, Jake and Max.