The Rhode Island Department of Behavioral Healthcare, Developmental Disabilities and Hospitals ("BHDDH") violated the APRA when it failed to respond to the Complainant's APRA request within ten (10) business days. See R.I. Gen. Laws § 38-2-7(b). The Complainant sent a March 18, 2015 request that...
In MacDougall v. Department of Health and Office of Drinking Water Quality (DOH and DWQ), PR 15-50, this Department concluded that the DOH and DWQ violated the APRA when it failed to respond to the Complainant's APRA request. The sole issue addressed in the supplemental finding was whether the...
This Department has long held that "in order for this Department to have jurisdiction to inquire into an APRA matter, the complainant must first have requested a record from a public body, and second, the complainant must have been denied access to the requested record." Schmidt v. Ashaway...
The Complainant alleged the AIPC violated the OMA with respect to improper notice for its February 24, 2015 and March 28, 2015 meetings. There was no question that the Complainant attended both meetings and the OMA provides that only "aggrieved" citizens may file a complaint regarding an alleged...
The RISE/Mayoral Academy ("Academy") violated the APRA when it failed to respond to the Complainant's APRA request. See R.I. Gen. Laws § 38-2-7. This Department assumed, without deciding, that the Academy is subject to the APRA and nothing within the finding bars the Academy from raising this...
The Complainant alleged the SMRAC violated the APRA when it failed to respond to its APRA request dated May 15, 2015. During the pendency of this matter, the SMRAC filed a Petition for a Writ of Mandamus in the Rhode Island Superior Court against the Town. The Town answered the Petition and...
The Complainants alleged the School Committee convened into executive session pursuant to R.I. Gen. Laws § 42-46-5(a)(2) to discuss potential litigation, yet the School Committee also discussed "the extra paycheck for 2013-14." Based upon the evidence presented, it did not appear that the School...
The Complainant alleged the City Council violated the OMA during one of its meetings when a quorum of the members met just prior to the start of the meeting to discuss a matter over which the City Council had supervision, control, jurisdiction or advisory power. R.I. Gen. Laws § 42-46-2(a). ...
The Complainant alleged that the Town violated the APRA when it failed to include all documents responsive to her APRA request dated March 30, 2015. The APRA states that, unless exempt, all records maintained by any public body shall be public records and every person shall have the right to...
The Governor's Office violated the APRA when it provided the Complainant with one avenue for appeal, but omitted the other options for appeal. R.I. Gen. Laws § 38-2-8(a). The Governor's Office did not violate the APRA when it failed to provide the Complainant the basis for its waiver denial. ...
