Background and Arguments

The Complainant submitted a public records request to the City seeking: “records referenced in the Woonsocket Single Audit for FY 2023.” The City did not respond within the required ten business days. Accordingly, the Complainant filed the instant Complaint with this Office.

The City did not provide a substantive response to the instant Complaint or dispute that it failed to timely respond to the Complainant’s APRA request. However, after the filing of the Complaint, the City, through its legal counsel Allan W. Fung, Esq., provided the Complainant with the responsive records. The City made redactions to some records pursuant to R.I. Gen. Laws § 38-2-2(4)(A)(I)(b) and R.I. Gen. Laws § 34-37.1-3(6).

The Complainant did not respond or object to the City’s representation that it had provided him with all responsive records. He did not challenge the redactions made by the City.

Relevant Law and Findings

When we examine an APRA complaint, our authority is to determine whether a violation of the APRA has occurred.  See R.I. Gen. Laws § 38-2-8.  In doing so, we must begin with the plain language of the APRA and relevant caselaw interpreting this statute.

Pursuant to the APRA, a public body has ten (10) business days to respond in some capacity to a records request, whether by producing responsive documents, denying the request with reason(s), or extending the period necessary to comply. See R.I. Gen. Laws §§ 38-2-3(e), 38-2-7. If no response is sent within ten (10) business days, the lack of response will be deemed a denial. See R.I. Gen. Laws § 38-2-7(b); see also R.I. Gen. Laws § 38-2-7(a) (“Any denial of the right to inspect or copy records, in whole or in part provided for under this chapter shall be made to the person or entity requesting the right in writing giving the specific reasons for the denial[.]”)

Here, the undisputed record indicates that the City failed to respond to the Complainant’s APRA request within the required ten business days. Because the City failed to respond to the request within the ten business day timeframe as provided for by the APRA, we find the City violated the statute. See R.I. Gen. Laws §§ 38-2-3(e), 38-2-7; see also Lapierre v. City of Woonsocket, PR 15-50; Johnson v. City of Woonsocket, PR 25-41; Gifford et al. v. City of Woonsocket, PR 24-03.

Conclusion

Upon a finding of an APRA violation, the Attorney General may file a complaint in Superior Court on behalf of the Complainant, requesting “injunctive or declaratory relief.” See R.I. Gen. Laws § 38-2-8(b). A court “shall impose a civil fine not exceeding two thousand dollars ($2,000) against a public body. . . found to have committed a knowing and willful violation of this chapter, and a civil fine not to exceed one thousand dollars ($1,000) against a public body found to have recklessly violated this chapter***.” See R.I. Gen. Laws § 38-2-9(d).

Based on the record before us, we see no reason to doubt the City’s representation that it has now provided all responsive records to the Complainant and that accordingly no injunctive relief is needed. However, if the Complainant disagrees with the City’s representation that it has provided all responsive records or otherwise takes issue with the sufficiency of the City’s production, he may file a supplemental submission explaining such position within five (5) business days of the date of this finding.

We express serious concern that the City has once again failed to respond to an APRA request in the time required by law. Similar lapses on the part of the City have been documented on numerous prior occasions. See Ward v. City of Woonsocket, PR 26-02;  Lapierre, PR 25-50; Johnson, PR 25-41; Gifford et al., PR 24-03; The Public’s Radio v. City of Woonsocket, PR 23-47 (citing Woonsocket Fire Fighters Association Local No. 732, PR 09-28). Given the substantial similarities between the instant Complaint and these prior Complaints, the City is well aware that its pattern of conduct is in violation of the APRA. Therefore, within five (5) business days of the date of this finding, the City should also provide this Office with a supplemental submission addressing whether the violations found herein were willful and knowing, or reckless. If the Complainant wishes, he may provide a response within five (5) business days of receiving the City’s submission.

We thank you for your interest in keeping government open and accountable to the public.

Sincerely,

PETER F. NERONHA

ATTORNEY GENERAL

Special Assistant Attorney General

By: /s/ Patrick Reynolds

Patrick Reynolds

Special Assistant Attorney General