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PR 19-03 Wilson v. Town of West Warwick - Violation

The Complainant alleged that the Town of West Warwick ("Town") violated the Access to Public Records Act ("APRA") when it failed to respond to his request for records within the ten business days required under the APRA. This Office determined that the Town's assertion that another entity maintained the records was insufficient because even if the Town was not the correct public body to receive the request, it was still required to respond to the request within ten business days. Accordingly, this Office determined there was a violation because the undisputed evidence revealed that the Town did not respond to the request within ten business days. This Office also asked the Town to submit a supplemental response regarding why its violation should not be considered willful and knowing, or reckless.

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