The Complainant alleged the SMRAC violated the APRA when it failed to respond to its APRA request dated May 15, 2015. During the pendency of this matter, the SMRAC filed a Petition for a Writ of Mandamus in the Rhode Island Superior Court against the Town. The Town answered the Petition and filed a Counterclaim. Among the averments set forth in the Town's Counterclaim is that "[a] dispute has arisen between the Town and the Center as to whether the Center is a private agency acting on behalf of and/or in place of the Town of North Providence in providing services to the senior citizens of the Town, within the meaning of R.I.G.L § 38-2-1 and 38-2-2, et. seq.," the APRA. This Department has consistently taken the position that when a complaint is filed in Superior Court alleging the same APRA or Open Meetings Act allegation that is raised in a complaint with this Department, this Department's investigation into the APRA or Open Meetings Act complaint must yield to the Superior Court's jurisdiction. See Graziano v. Personnel Appeals Board, OM 97-21; Narragansett Improvement Company, et al. v. Town of North Smithfield, OM 09-11. Because the issue presented by this complaint is the same issue that is pending before the Superior Court, this Department will take no action on this matter.
