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Attorney General Kilmartin Files APRA Lawsuit Against the Compass School

The Office of Attorney General today filed a complaint in Rhode Island Superior Court citing the Compass School for a willful and knowing, or reckless, violation of the Rhode Island Access to Public Records Act (APRA) for failure to respond to an APRA request within the time as prescribed by law.

On January 13, 2015, Mr. Joe Smith made an APRA request to the Compass School seeking six categories of documents. On January 21, 2015, the Compass School acknowledged receipt of the APRA request and indicated that "the information is being gathered." On January 22, 2015 and again on February 5, 2015, the School provided Mr. Smith with additional documents pursuant to his APRA request, yet did not respond to other aspects of his APRA request and failed to comply with the statute's deadlines to provide the requested documents.

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).

Mr. Smith filed a complaint with the Office of Attorney General, and after an investigation, the Office of Attorney General issued a finding on May 5, 2016 finding the Compass School in violation of the APRA. The Office allowed the Compass School the opportunity to address whether the untimely response to the APRA request was knowing and willful or reckless.

By supplemental finding dated November 2, 2016, the Office of Attorney General concluded that the APRA violation was willful and knowing or reckless and notified the Compass School of the intent to file a civil lawsuit in Rhode Island Superior Court.

"Failure to provide documents in the prescribed time dictated by the statute is a clear violation of the APRA," said Attorney General Peter Kilmartin.

The maximum penalty under the APRA is $2,000 for knowing and willful violations and $1,000 for reckless violations.

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