Background

The Complainants contend that the Fire District violated the OMA by failing to post minutes of its August 18, 2019 meeting on the Secretary of State's website.

Relevant Law

When we examine an OMA complaint, our authority is to determine whether a violation of the OMA has occurred. See R.I. Gen. Laws § 42-46-8. In doing so, we must begin with the plain language of the OMA and relevant caselaw interpreting this statute.

The OMA provides that "all volunteer fire companies, associations, fire district companies, or any other organization currently engaged in the mission of extinguishing fires and preventing fire hazards, whether it is incorporated or not, and whether it is a paid department or not, shall post unofficial minutes of their meetings within twenty-one (21) days ofthe meeting, but not later than seven (7) days prior to the next regularly scheduled meeting, whichever is earlier, on the secretary of state's website." R.I. Gen. Laws §42-46-7(b)(2).

Findings

Based on the submissions of the parties, we have little trouble concluding that the Fire District violated the OMA. Indeed, the Fire District concedes that it did not timely file meeting minutes for its August 18, 2019 meeting. As a "fire district" under R.I. Gen. Laws§ 42-46-7(b)(2), the Fire District was required to post its unofficial meeting minutes on the Secretary of State's website within twenty-one (21) days of the meeting, but not later than seven (7) days prior to the next regularly scheduled meeting, whichever is earlier. As such, the August 18, 2019 meeting minutes should have been filed no later than on September 9, 2019, twenty-one (21) days after the meeting. These meeting minutes were not posted until October 3, 2019, twenty-four (24) days late. Nor were the minutes posted at least seven (7) days prior to the next regularly scheduled meeting. As such, the Fire District violated the OMA by failing to timely post meeting minutes for its August 18, 2019 meeting.

Conclusion

The OMA provides that the Office of the Attorney General may institute an action in Superior Court for violations of the OMA on behalf of a complainant or the public interest. See R.I. Gen. Laws§ 42-46-8(a), (e). The Superior Court may issue injunctive relief and declare null and void any actions of the public body found to be in violation of the OMA. See R.I. Gen. Laws§ 42-46-8(d). Additionally, the Superior Court may impose fines up to $5,000 against a public body found to have committed a willful or knowing violation of the OMA. Id.

Injunctive relief is not appropriate here because the meeting minutes have already been posted on the Secretary of State's website. Nor do we find sufficient evidence of a willful or knowing violation of the OMA. We observe that there are no recent similar violations found against the Fire District, and that the Fire District posted the minutes shortly after receiving the complaint in this matter. This finding serves as notice that the conduct discussed herein violates the OMA and may serve as evidence of a willful or a knowing violation in any similar future situation.

Although the Office of the Attorney General will not file suit in this matter, please be advised that nothing within the OMA prohibits an individual from instituting an action for injunctive or declaratory relief in Superior Court. See R.I. Gen. Laws § 42-46-8(c). The OMA allows the Complainant to file a complaint within ninety (90) days from the date of the Attorney General's closing of the complaint or within one hundred eighty (180) days of the alleged violation, whichever occurs later. See id. Please be advised that we are closing this Complaint as of the date of this letter.

We thank you for your interest in keeping government open and accountable to the public.

Sincerely,

PETER F. NERONHA

ATTORNEY GENERAL

By: [s] Kayla E. 0 'Rourke

Kayla E. O'Rourke

Special Assistant Attorney General