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OM 17-22 / PR 17-34 Novak v. Western Coventry Fire District OMA No Violation / APRA Violation Found

The Complainant alleged the Fire District untimely filed some of its official and unofficial minutes on the Secretary of State's website. The OMA provides that "[a]ny citizen or entity of the state who is aggrieved as a result of violations of the provisions of this chapter may file a complaint with the attorney general." R.I. Gen. Laws 42-46-8(a); see also Graziano v. Rhode Island State Lottery Commission, 810 A.2d 215 (R.I. 2002). Here, pursuant to R.I. Gen. Laws 42-46-8(a), and the standard established in Graziano, this Department found that the Complainant was not an "aggrieved" party and therefore had no standing to bring his complaint. See Curt-Hoard v. Woonsocket School Board, OM 14-20; Ayotte v. Rhode Island Commission on the Deaf and Hard of Hearing, OM 17-12. As such, we found no OMA violation. Since the Complainant was in possession of the requested documents, we need only examine whether the alleged failure to provide such documents represented a willful and knowing, or reckless violation. We responded in the negative.

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