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PR 18-05 Simoneau v. City of Warwick No Violation

Complainant alleged that the City violated the APRA when it failed to provide certain documents responsive to his request. Because the Complainant was already in possession of 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 City to civil penalties. See Farinelli v. City of Pawtucket, PR 16-27. After reviewing all of the evidence presented, we found that the City's response was based, in part, on a mistaken misconstruction of the Complainant's APRA request. We also found credible the affidavit evidence submitted by the City that its computer system did not produce responsive documents because the documents were mislabeled. As such, we found no willful and knowing, or reckless, violations.

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