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PR 20-43 Amaral v. City of Providence Violation found

The Complainant alleged that the City violated the APRA when it: (1) asserted it did not maintain certain responsive records; and (2) withheld three email threads under Exemption (B). Regarding the first allegation, we found that the undisputed evidence indicated that the City did not maintain the requested responsive records and thus found no violation on that allegation. However, regarding the second allegation, we found that the email threads contained responsive portions and that these portions were not "trade secrets and commercial or financial information" under Exemption (B). Accordingly, the City violated the APRA by withholding the responsive portions of the emails. Although we found insufficient evidence of a willful and knowing, or reckless, violation, we instructed the City to provide the responsive portions of the email threads and permitted the City to redact the nonresponsive portions. VIOLATION FOUND.

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