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PR 21-06 Novak v. Western Coventry Fire District Violation found

The Complainant alleged that the Fire District violated the APRA when it (1) withheld responsive documents; (2) failed to adequately cite a reason for the denial; (3) failed to provide the procedures for appealing the denial; and (4) failed to state that no portion of the withheld documents were reasonably segregable. This Office concluded that the Fire District cited HIPPA as the reason for the denial, which sufficiently invoked Exemption (S), but violated the APRA by failing to provide procedures for appealing the denial. Additionally, although the Fire District had responded to the request by indicating that the records were exempt under HIPPA, in response to the Complaint the Fire District indicated that it did not maintain responsive records. This Office reserved reaching a determination regarding whether the Fire District improperly withheld records or failed to state that no portion of the records were reasonably segregable, and required the Fire District to provide a supplemental submission addressing certain matters related to those issues. VIOLATION FOUND.

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