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PR 17- 30 TJ v. City of Providence - Violation

The Complainant filed two (2) APRA requests with the City on the same date. With respect to the City's response to one of the APRA requests, the evidence revealed that the City timely responded indicating that it did not maintain the document responsive to that request. We failed to find any evidence that would lead us to conclude that the requested document was maintained by the City, or that the City's search was in anyway inadequate. We found no violation with respect to that allegation. With respect to the other APRA request, we found that the City violated the APRA when its extension provided nearly verbatim the language set forth in R.I. Gen. Laws 38-2-3(e) and was not "particularized to the specific request made." Because injunctive relief was inappropriate and because there was no evidence of a willful and knowing, or reckless, violation, this Department took no further action.

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