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PR 20-52B Lamendola vs. EGSD

The Complainant alleged that the District improperly withheld a number of records in response to his APRA request. This Office previously issued a finding, PR 20-52, which set forth the relevant legal framework and concluded that the District permissibly withheld a number of documents. Our prior finding required the District to either produce the remaining records or provide supplemental information and analysis regarding why it was permissible to withhold those records. In response to our prior finding, the District disclosed certain additional documents to Complainant and provided supplemental information regarding the records it continued to withhold. After receiving the supplemental submission, this Office determined that the APRA permitted the District to not disclose the records that it continued to claim were exempt and we did not find it necessary to determine whether the District violated the APRA by initially withholding the records it subsequently disclosed because the Complainant is now in possession of the records and there was no evidence that the District's initial decision to withhold the records, assuming it violated the APRA, warranted civil fines.

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