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PR 20-39 Moore v. Office of the Postsecondary Commissioner Violation found

The Complainant alleged that the OPC violated the APRA when it (1) asserted that it did not maintain certain documents responsive to some of his requests about a job position; and (2) withheld a public employee's resume under R.I. Gen. Laws 38-2-2(4)(A)(I)(b). Although the Complainant asserted that the OPC should maintain certain documents regarding the job position, the undisputed evidence indicated that the OPC did not maintain the requested records. We accordingly found no violation with respect to that allegation. However, pursuant to the balancing test and prior findings and caselaw, we found that the OPC violated the APRA by withholding a public employee's resume in its entirety. We accordingly found a violation and ordered the OPC to produce the withheld resume, subject to certain redactions. VIOLATION FOUND.

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