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PR 16-27 Farinelli v. City of Pawtucket No Violation

The Complainant alleged the City violated the APRA when it denied her May 5, 2015 APRA request, wherein she sought a copy of a completed investigation report of the Internal Affairs complaint involving a particular officer. The Complainant also contended that the City violated the APRA when it failed to timely respond to her April 16, 2015 APRA request and when the City required that all her future questions be submitted in the form of APRA requests. The Complainant informed this Department that she was in receipt of the Internal Affairs report and did not need this Department to release it to her. As such, since the Complainant had a copy of the Internal Affairs report, this Department need not determine whether the Internal Affairs report is a "public record" or whether the City violated the APRA when it denied access. Injunctive relief was not appropriate and we determined there was no evidence of a willful and knowing, or reckless, violation. We also found that the City did not violate the APRA with respect to the allegation that the City failed to timely respond to her April 16, 2015 APRA request. The evidence demonstrated that the City did not receive her APRA request until May 5, 2015. Finally, the City did not violate the APRA with respect to the Complainant's final allegation.

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