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PR 19-09 Martinez v. Providence Police Department – Violation Found

The Complainant alleged that the Police Department violated the APRA when it denied his multi-part request, which sought certain internal Police Department communications, as well as certain communications between the Police Department and various private entities and individuals. The Police Department denied the multi-part request in its entirety based on the law enforcement exemptions found at R.I. Gen. Laws § 38-2-2(4)(D), but did not specify for which requests it maintained responsive documents nor the nature of the documents it was withholding. After conducting an in camera review of the withheld documents, we observed that the only responsive documents the Police Department maintained were internal Police Department communications. We found their nondisclosure permissible pursuant to R.I. Gen. Laws § 38-2-2(4)(D)(c) and (e). Notwithstanding, because the request also sought communications between the Police Department and various private entities and individuals, and because the Police Department did not maintain such documents, we found that the Police Department violated R.I. Gen. Laws § 38-2-7(c) by failing to state that it did not maintain such responsive records. We did not find injunctive relief appropriate; nor did we find evidence of a willful and knowing, or reckless, violation. VIOLATION FOUND.

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