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PR 18-03B Gill v. Tiverton – Violation

In Gill v. Tiverton Town Council, we found the Town Council violated the APRA when it claimed it did not maintain or possess the document the Complainant requested, namely a statement that Councilor Lebeau referred to at the July 10, 2 017 Town Council meeting. We directed Mr. Lebeau and/or the Town Council to provide the Complainant with a copy of the document within ten (10) business days of our finding. The Town's legal counsel emailed the Complainant a one-sided color photograph, which purported to be document in question. Both the Complainant and this Office were unsatisfied with the response as it appeared that the document may have had writing on the backside. As such, we directed that within ten (10) business days of this supplemental finding, a copy of both sides of this document must be provided to the Complainant and this Office, along with an affidavit from Councilor Lebeau that the provided document represents a true and accurate copy of both sides of the document previously photographed and provided to the Complainant. If the Town Council claims that the backside of the document does not contain responsive information, the supplemental finding details the alternative measures that must be taken.

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