Background

The Complainant contends that the Housing Authority violated the OMA when it: (1) refused on August 22, 2019 to provide a copy of the unofficial minutes for its July 18, 2019 meeting; and (2) failed to post notice in advance of its August 22, 2019 meeting. In support of her first allegation, the Complainant contends that she went into the Housing Authority office before the August 22, 2019 meeting and requested draft minutes for the July 18, 2019 meeting, which had been held thirty-five (35) days earlier. The Complainant asserts that the Housing Authority staff refused to provide the requested minutes.

The Housing Authority submitted a substantive response through its counsel, Louise Marcus, Esquire, consisting of an affidavit from Housing Authority Executive Director Richard Leco. At this Office's request, Executive Director Leco provided a second affidavit with some additional information. Executive Director Leco avers that Complainant's request for the July 18, 2019 meeting minutes was made "prior to the 35 days required and or formal board approval." Nonetheless, Executive Director Leco states that "[m]oving forward, unofficial JHA Board meeting minutes shall be available to the public ... within thirty five (35) days of the meeting or upon approval at the next regularly scheduled board meeting, whichever is earlier[.]"

With respect to the Complainant's second allegation about the alleged failure to post notice, Executive Director Leco states that notice "was posted on or about August 16, 2019 on the RI Secretary of State website and at the JHA Community Room where Board meetings are held." Our independent review confirms that the meeting agenda was posted on the Secretary of State's website on August 16, 2019.

We acknowledge the Complainant's rebuttal.

Relevant Law

When we examine an OMA complaint, our authority is to determine whether a violation of the OMA has occurred. See RI. 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:

"A record of all votes taken at all meetings of public bodies, listing how each member voted on each issue, shall be a public record and shall be available to the public at the office of the public body within two (2) weeks of the date of the vote. The minutes shall be public records and unofficial minutes shall be available to the public at the office of the public body within thirty-five (35) days of the meeting or at the next regularly scheduled meeting, whichever is earlier, except where the disclosure would be inconsistent with§§ 42-46-4 and 42-46-5 or where the public body by majority vote extends the time period for the filing of the minutes and publicly states the reason." RI. Gen. Laws§ 42-46-7(b)(l).

The OMA further requires that supplemental notice of a meeting be posted forty-eight hours before the meeting in three locations: "the principal office of the public body holding the meeting, or if no principal office exists, at the building in which the meeting is to be held, and in at least one other prominent place within the governmental unit, and electronic filing of the notice with the secretary of state[.]" RI. Gen. Laws§ 42-46-6(c).

Findings

The uncontested evidence demonstrates that Complainant went to the Housing Authority on August 22, 2019 and was denied access to the unofficial minutes of the July 18, 2019 meeting. The Housing Authority did not dispute that August 22, 2019 was the thirty-fifth day after the July 18, 2019 meeting, and thus that the unofficial minutes should have been available then regardless of whether the next regularly scheduled meeting was taking place later that evening. Accordingly, the Housing Authority's failure to provide unofficial meeting minutes violated RI. Gen. Laws§ 42-46-7(b)(1 ).

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.