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PR 15-08 DesMarais v. Manville Fire Department – Violation Found

The Fire Department violated the APRA when it failed to timely respond to Complainant's APRA request. Specifically, the undisputed evidence showed that on February 24, 2014, Complainant filed an APRA request with the Fire Department and on March 10, 2014, the Fire Department extended the time to respond an additional twenty (20) business days but no further response was provided by the Fire Department until approximately seven months after the APRA request was received. This Department previously confronted this issue in DesMarais v. Manville Fire Department Board of Wardens, PR 12-05. The Fire Department was allowed ten (10) business days to provide a response explaining why this Department should not find its failure to timely respond to Complainant's APRA request knowing and willful, or alternatively, reckless, in light of the Fire Department's recognition of the APRA requirements and this Department's precedent. A supplemental finding will follow.

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