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PR 19-07 Kalunian v. Office of the Child Advocate Violation found

The Complainant alleged that the Office of the Child Advocate ("OCA") violated the APRA when it failed to respond to her APRA request and when it failed to establish written procedures regarding access to public records. The OCA conceded that it failed to respond to Complainant's APRA request within ten (10) business days, see R.I. Gen. Laws 38-2-7, and did not dispute that its written APRA procedures were not posted on its website in accordance with R.I. Gen. Laws 38-2-3(d). Accordingly, the OCA violated the APRA. This Office determined that injunctive relief is not appropriate because the OCA responded to this Complaint by providing the Complainant with the requested documents and has also now posted its formal APRA policy on its website. Due to the OCA's undisputed contention that its failure to respond was inadvertent and candid admission of the errors and swift efforts to remedy them, we did not find the violations to be willful and knowing, or alternatively, reckless. VIOLATION FOUND

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