Attorney General Peter F. Kilmartin today announced that the Office of Attorney General and Woonsocket Superintendent's Office entered into a joint settlement agreement in which the Superintendent's Office agreed to pay a $1,000 fine for violating the state's Access to Public Records Act (APRA).
The Office of Attorney General filed a civil lawsuit in Rhode Island Superior Court against the Woonsocket Superintendent's Office last week alleging the Superintendent's Office knowingly and willfully violated APRA when it failed to respond to an APRA request within the timeframe dictated by the statute.
On December 1, 2012, Cynthia Boss made an APRA request to the Superintendent's Office for certain documents pertaining to the Woonsocket School Sick Leave Pool Board of Governors. Within 10 business days from the request, the Superintendent's Office extended the time to respond to the request by 20 additional business days, as allowed by APRA, for a total of 30 business days from the date of the APRA request. The Superintendent's Office, however, failed to provide a response by January 15, 2013, the deadline by which the Superintendent's Office was required to provide a response to the APRA request.
In fact, the Superintendent's Office did not provide a response to the December 1, 2012 APRA request until March 7, 2013, when it responded to the Office of Attorney General regarding the APRA complaint and investigation.
Under the APRA, a public body has 10 business days to respond to a request for documents. R.I. Gen. Laws § 38-2-7. If the public body denies the request, a written response detailing the specific reasons for the denial shall be sent within those 10 business days to the person or entity making the request. R.I. Gen. Laws § 38-2-7(a). If no response is sent within 10 business days, the lack of response will be deemed a denial. R.I. Gen. Laws § 38-2-7(b). If, for good cause, the public body cannot comply with a records request within 10 business days, then the public body may extend the time period an additional 20 business days, for a total of 30 business days. R.I. Gen. Laws §§ 38-2-7(a) and 38-2-3(e).
After further investigation, the Office of Attorney General released a supplemental finding, Boss v. Woonsocket Superintendent's Office, PR 13-19B, wherein it determined that there is sufficient evidence to conclude that the Superintendent's Office knowingly and willfully violated the APRA.