RI House Minority Caucus calls for House Oversight to convene

This letter was sent today, 4/21/20 to Chairwoman Patricia Serpa, House Committee on Oversight, RI State House:

Dear Chairwoman Serpa:

We hope you and your family are well during these challenging times. Over the past several years, your work chairing the House Oversight Committee has brought much-needed sunlight and accountability to state government. We have operated in true bi-partisan fashion, and the Committee’s success cannot be overstated.

Yet, our past work pales in comparison to the magnitude of House Oversight’s responsibility during this COVID-19 Emergency Declaration. Now, more than ever, House Oversight must meet, either in-person or remotely.

During this state of emergency, Rhode Island is governed under our military affairs and quarantine statutes, specifically R.I.G.L. § 30-15-1, et seq. and R.I.G.L. § 23-8-1 et seq. These statutes, in particular R.I.G.L. § 30-15-1 et seq., imbue the Governor with immense power to govern through executive orders, subject to criminal penalties.

Some executive orders have directly restricted fundamental Constitutional rights – particularly the freedoms of movement and association, and privacy rights. Governor Raimondo addressed her power to restrict our Constitutional Rights: “What is constitutional in one scenario is different than in another. This is pinpointed, this is targeted, this is a state of emergency, this is limited in time, and it’s going to be enforced in a respectful way.”[1]

This letter is not to say we agree or disagree with the decisions of the Governor. Rather, this type of immense authority – the ability to make and enforce law – must never reside unchecked in one person. Our predecessors in the General Assembly understood this truth when they drafted R.I.G.L. 30-15-9(b): “The general assembly, by concurrent resolution, may terminate a state of disaster emergency at any time.”

Our General Assembly is the necessary check and balance on the Governor’s nearly unbridled authority during this state of emergency. We, and the people we represent, can rest assured with the Governor wielding this power, so long as there is oversight of it – and that is the duty of our House Oversight Committee.

The duty to exercise our function to review these actions is all the more apparent in light of the constraints put on the Fourth Estate – our local media. Rhode Island’s journalists have been stunted because they cannot attend the Governor’s managed press briefings. They do not have direct access to speakers nor a reliable method to ask follow-up questions.

Without legislative oversight of executive branch policies and proclamations, and without reliable access by responsible journalists, this emergency is run with little necessary lawful supervision. This is not a healthy condition for our Republic, and the public at-large is becoming disconcerted.

Commencement of hearings by the House Oversight Committee will demonstrate that our system of government remains strong, that checks and balances remain, and this will help to assuage many Rhode Islanders’ concerns. Thankfully, we can accomplish this goal with minimal public safety risk to citizens, the committee members, or our valued staff.

The following are suggested topics for discussion:

1. Administration of the $1.2 billion in federal stimulus funds;
2. The COVID-19 virus’s disproportionate effect on minority communities and the state’s response;
3. State’s announced development of “ethical standards” to apportion medical care in the event of a shortage;
4. Processes and rationale for “essential business” designations;
5. Processes and rationale for “essential employee” designations;
6. Status of unemployment claims at the department of labor and training;
7. Processes for designating surge hospitals – the Convention Center in Providence, North Kingstown former Lowes, and former Citizen’s Bank building in Cranston;
8. Rhode Island Emergency Management Agency’s and Department of Health’s roles and responsibilities during this crisis;
9. The closing and anticipated reopening of state parks and beaches;
10. History of disease impact and spread modeling to date and how the models, or lack thereof, influenced decision making;
11. Use of science and data in decision making processes;
12. Development of phone location tracking for contact tracing program;
13. Designation of health care workers as Disaster Response Workers to protect them from civil liability pursuant to R.I.G.L. § 30-15-15;
14. Provision of information to non-English speaking populations;
15. Criteria for determining that COVID-19 was the cause of a death;
16. Mail ballots processes and procedures and the exemption of election laws from the Presidential Preference Primary;
17. Metrics for determining the success of distance learning;
18. Policies for use of non-FDA approved treatments;
19. Processes and milestones for the Governor’s multi-state working group for reopening the economy;
20. Decision making process to close local small businesses in preference to large box stores and how processes are being conceived in preparation to reopen Rhode Island’s economy;
21. Processes utilized to work with the federal government to maximize resources for our state;
22. Processes for addressing remote services for seniors and the vulnerable populations, as well as healthcare protocols for those in congregate care;
23. Process and data applied used to determine permitted size of gatherings until the issuance of a vaccine;
24. Process and data applied for protocols established for out of state tourists and seasonal residents.

On behalf of all Rhode Islanders, we thank you for your consideration and look forward to meetings of the House Oversight Committee.

Respectfully Yours,

Rhode Island House Minority Caucus  

Rep. Blake A. Filippi, Minority Leader                                                     

Rep. Michael W. Chippendale, Minority Whip                                                       

Representative John W. Lyle                                         

Representative George A. Nardone                             

Representative Brian C. Newberry                               

Representative David J. Place

Representative Justin K. Price

Rep. Robert J. Quattrocchi 

Representative Sherry Roberts

c.c.      Members of the House Committee on Oversight

            Speaker of the House of Representatives, Nicholas Mattiello

            House Majority Leader, Joseph Shekarchi

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[1] https://abcnews.go.com/US/rhode-islands-governor-calls-quarantine-yorkers-prevent-spread/story?id=69852552