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Here, you hand-delivered a written request for records to the Assessor on June 18, 2013 and June 25, 2013. The Assessor was required to respond, in writing, within twenty-four hours of receiving your hand-delivered written request, and at a minimum acknowledge the receipt of the request. The Assessor has not disputed that it failed to respond to your June 18, 2013 and that its initial response to your June 25, 2013 request did not occur until July 1, 2013. As such, it is my opinion that the Assessor failed to comply with the requirements of section 9 of the APRA in response to your hand-delivered written requests. See Opinions of the Public Access Counselor 05-FC-176; 11-FC-84; 11-FC-308; 12-FC-63; 12-FC-316; 13-FC-10.
At the time of your formal complaint, you alleged that the Assessor failed to provide all records responsive to your request in the disclosure that occurred on July 1, 2013. In response to your formal complaint, Mr. Adams has advised that all records that have been requested have now been provided to you on two separate occasions and that you have be provided with the direct contact information for the Assessor’s Chief Deputy, should any further concerns arise. The Public Access Counselor is not a finder of fact. Advisory opinions are issued based upon the facts presented. If the facts are in dispute, the public access counselor opines based on both potential outcomes. See Opinion of the Public Access Counselor 11-FC-80. Thus, it is my opinion that if the Assessor has now provided all records responsive to your request, there has been no further violation of the APRA (emphasis added).
http://www.in.gov/pac/advisory/files/13-FC-227.pdf
