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PR 18-06 Crenshaw v. Rhode Island Department of Public Safety

Complainant alleged that the DPS violated the APRA when it failed to provide all responsive documents in its possession. Because the Complainant already had all documents responsive to his request, we investigated whether the Complainant's allegations represented a knowing and willful, or reckless, violation of the APRA that would subject the DPS to civil penalties. See Farinelli v. City of Pawtucket, PR 16-27. After reviewing all of the evidence presented, we found that the DPS did provide documents responsive to the requests. Moreover, the DPS's efforts to further assist the Complainant after responding to his requests by answering questions belies any "specific intent" to violate the APRA. See Carmody v. Rhode Island Conflict of Interest Comm'n, 509 A.2d 453, 459 (R.I. 1986). As such, we found no willful and knowing, or reckless, violations. Issued March 14, 2018.

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