The Complainant alleged the JCLS violated the APRA when it improperly withheld documents responsive to his request pursuant to Exemption (M) and when it misapplied the privacy balancing test. In responding to this complaint, JCLS presented undisputed evidence that it did not maintain documents responsive to Complainant's request and asserted that it mistakenly failed to articulate that in its initial denial. The JCLS maintained that even if it maintained responsive records, such records would be exempt under the cited exemptions. We found that the JCLS violated the APRA by failing to indicate that it did not possess the requested documents. Injunctive relief was not appropriate given JCLS's undisputed representation that it does not maintain responsive documents and we did not find sufficient evidence of a willful and knowing, or reckless violation. VIOLATION FOUND
