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PR 20-40 Finnegan v. Town of Scituate Violation found

The Complainant alleged that the Town violated the APRA when it: (1) failed to cite the statutory exemption in its denial; (2) withheld notes that were allegedly "submitted" at a Town Council meeting; and (3) did not provide for an administrative appeal. Based on the undisputed evidence, we found that the Town's response fairly tracked the language of Exemption (K) such that the Town gave specific reasons for the denial. We also found that there was no evidence that the withheld notes were "submitted" at a Town Council meeting. We thus found no violations with respect to these allegations. However, we found that the Town violated the APRA by not providing for an administrative appeal to the chief administrative officer. We found insufficient evidence of a willful and knowing, or reckless, violation and no need for injunctive relief. VIOLATION FOUND.

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