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PR 19-12 Langseth v. Buttonwoods Fire District – Violation Found

The Complainant alleged that the Fire District violated the APRA when it failed to timely respond to his APRA request. The Complainant also alleged that the Fire District Senior Supervisor was not certified under the APRA pursuant to R.I. Gen. Laws § 38-2-3.16 and that the Fire District failed to establish and post written APRA procedures in violation of R.I. Gen. Laws § 38-2-3(d). The Fire District provided undisputed evidence that it responded to the Complainant's APRA request within the ten (10) business days allotted under the APRA. The Fire District conceded that it did not have written APRA procedures at the time Complainant submitted his APRA request and that it did not have the APRA certification required pursuant to R.I. Gen. Laws § 38-2-3.16. Accordingly, this Office determined that the Fire District violated the APRA. This Office instructed the Fire District to submit a supplemental response regarding why these violations should not be considered willful and knowing, or reckless, and to provide evidence of its compliance with R.I. Gen. Laws §§ 38-2-3(d) and 38-2-3.16. VIOLATION FOUND.

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