RIPTA Blocks Requests for Information from Family of Dead 9-Year-Old and Media

Tuesday, April 18, 2017

GoLocalProv News Team

Ani Emdjian was killed in an accident with a RIPTA bus

Two years ago a nine-year-old girl named Ani Emdjian was killed by a RIPTA bus on Smith Street in Providence. The incident was just one of many accidents involving RIPTA buses - resulting in injuries and deaths.

Now, GoLocal has learned through court documents filed by the family of the girl against RIPTA, that lawyers for the agency are blocking the release of information relating previous accidents by the transportation agency.

One of the key requests by Emdjian’s attorney is for RIPTA to turn over “all documents concerning substantially similar incidents which occurred during the 5 years prior to the incident where it was alleged that an accident occurred due, at least in part, to the excessive speed of a RIPTA bus.”

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RIPTA objected to providing such information, claiming that such a request would be "overly burdensome."

In court documents, RIPTA wrote in response to Emdjian, “Objection. The request as posed, is overly broad, unduly burdensome and not calculated to to the discovery of admissible evidence. More specifically, Defendant avers that a substantial number of claims are brought against the Transit Authority every year, many of which are baseless, and many of which include an allegation, however, well founded or otherwise, that involves speed. It is unduly burdensome to have the Transit Authority dedicate personnel to the man hours that would be required to comb through all such applicable documents to search for information which is not calculated to lead to the discovery of admissible evidence in any event.”

"We're in the process of fighting [for that information]," said attorney Max Wistow, for the Emdjian family. "I think we will get it sooner or later, or whether there will be any information in there for it to be confidential, we will see."

Latest Explanation

RIPTA’s response in its court filing is inconsistent with its 2015 denial of a similar request for information filed by GoLocal.

The agency refused to provide accident reports to GoLocal. In April of 2015, GoLocal requested all RIPTA accident reports for the last three (3) years. The agency refused, “The documents you have requested are not considered public records under the Access to Public Records Act. Under section 38-2-2(4)(E) of the Act, they are exempt from disclosure because, as agency work product, they would not be available to an opposing party in litigation.” The response to GoLocal’s request was signed by Chief Legal Council Benjamin Salzillo.

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Ray Studley, head of RIPTA and then Chair of the Board Scott Avedisian

Questions about Proper Management

Central to the lawsuit - and overall questions regarding safety at RIPTA - is proper management of staff. A GoLocal investigation released earlier this month unveiled questions about massive usage of overtime in the agency. The overtime is approved by managers who themselves receive overtime. Of the roughly 800 budgeted positions at RIPTA, more than 95 percent of them are unionized and nearly every union employee is earning significant amounts of overtime. With managers managing line employees, there are little financial controls. More than 120 RIPTA employees made more than $20,000 in overtime in 2016.

SEE LIST OF OVERTIME BELOW

Of RIPTA’s overall budget, 76.8 percent of the agency’s budget is spent on salaries, wages and benefits. By contrast, the Massachusetts Bay Transportation Authority (MBTA) only spends 53.7 percent on personnel costs, according to United States Department of Transportation data.

The Centers for Disease Control (CDC) has found that excessive overtime has an adverse impact on performance and safety for workers.

“In 16 of 22 studies addressing general health effects, overtime was associated with poorer perceived general health, increased injury rates, more illnesses, or increased mortality,” reported the CDC.

“Overtime was associated with unhealthy weight gain in two studies, increased alcohol use in two of three studies, increased smoking in one of two studies, and poorer neuropsychological test performance in one study.”

Is the excessive overtime also impacting the safety of the public?

RIPTA Blocks Requests for Information from Family of Dead 9-Year-Old and Media

Related Slideshow: Top 100 Overtimers at RIPTA

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#96

JAMES GARCIA

#95

JEFFREY THERIAULT

#94

ANTOINIER PINTHIERE

#93

ARTHUR TILLEY

#92

A JOSEPH DAOU

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ANTONIO LOPES

#90

PENELOPE CODY-HEROUX

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ABIODUN OSHIYEMI

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PIERRE CHARLES

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DAVID BLAIS

#84

ANTHONY WILLIAMS

#83

NICHOLAS DECRISTOFARO

#82

GIOVANNI TIBURCIO

#81

WILLIAM FELCI

#80

MICHAEL CAMPOPIANO

#79

ROBERT ANDOSCIA

#78

MICHAEL PELLETIER

#77

JULES ROMAIN

#76

ERNST LUBIN

#75

CHARLES WILLIS

#74

STEPHEN ZACHAS

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ORLANDO SEMEDO

#72

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JAMES MANER

#70

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FERNAND LAGUERRE

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KENNETH ATHAIDE

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DAVID LEMIRE

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KEVIN DECOSTA

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HENRY WILLIAMS

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CARLOS ROCHA

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CHARLES CAMPBELL

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ELEUTERIO TORTI

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ELDORA GIBLIN