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PR 13-13B Law Offices of Michael Kelly v. City of Woonsocket (Lawsuit to be filed)

In Law Offices of Michael Kelly v. City of Woonsocket, PR 13-13, this Department found that the City of Woonsocket ("City") violated the APRA when it failed to timely respond to the Complainant's APRA request dated December 21, 2012. See R.I. Gen. Laws 38-2-7. The City further violated the APRA when it failed to provide the Complainant with documents responsive to Request No. 8, or in the alternative, provide the Complainant with a reason exempting these documents. See R.I. Gen. Laws 38-2-7(a). The City was given ten (10) business days to 1) provide a response explaining why this Department should not find the City's failure to timely respond to the complainant's APRA request knowing and willful, or alternatively, reckless, and 2) explain its lack of response to Request No. 8 and provide this Department with a response as to why the City's lack of response to Request No. 8 should not be found knowing and willful, or alternatively, reckless.

After reviewing submissions from both the City and the Complainant, this Department has determined that there is sufficient evidence to conclude that the City knowing and willfully violated the APRA when 1) it failed to timely respond to the December 21, 2012 APRA request, and 2) it failed to respond to Request No. 8. Accordingly, this Department will file a lawsuit against the City seeking civil fines and injunctive relief.

Related links

Department or agency: Office of the Attorney General: Open Government

Online: http://www.riag.ri.gov/civil/opengovernment/index.php

Release date: 10-17-2013

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