Background

The Complainant alleges that the Town Council violated the OMA when it convened into executive session on October 7, 2019 without listing the executive session on the agenda.

The Town Council maintains that it properly listed its executive session matters on its agenda for the October 7, 2019 meeting. The Town Council provided a copy of its October 7, 2019 agenda – posted on the Secretary of State’s website on October 3, 2019 – which included the following executive session agenda item:

“3a. Executive Session pursuant to Rhode Island General Laws 42-46-4 and 42-46-5, Subsection (2) – Litigation (Ameresco, Inc. v Town of North Kingstown WC-2018-0536), Subsection (2) – Litigation (Thompson v Town of North Kingstown), Subsection (2) – Potential Litigation (Contract Continuation), and Subsection (5) – Real Estate (potential acquisition of real property)”

The Complainant did not file a rebuttal.

Relevant Law and Findings

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.

Unless exempt, the OMA requires that all meetings of public bodies be held open to the public. See R.I. Gen. Laws § 42-46-3. In limited circumstances, a public body can convene into executive session for one of the reasons enumerated in the OMA. See R.I. Gen. Laws §§ 42-46-4, 5(a)(1)- (10). Additionally, within a minimum of forty-eight (48) hours, excluding weekends and holidays, the public body must post a supplemental notice (or agenda) that includes a statement specifying the nature of the business to be discussed at the meeting. See R.I. Gen. Laws § 42-46-6.

Here, the only issue before us is whether the Town Council convened into executive session without listing the executive session on their meeting agenda. The agenda for the October 7, 2019 meeting lists several executive session matters on the agenda. We also note that the Town provided evidence that this meeting agenda was posted and publicly available on the Secretary of State’s website as of October 3, 2019. We were not presented with any evidence to the contrary. Because the undisputed evidence establishes that the executive session matters were listed on the meeting agenda, we find no violations.

Conclusion

Although the Office of Attorney General has found no violations in this matter, nothing in the OMA precludes an individual from pursuing an OMA complaint in the Superior Court. The Complainant may do so 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. R.I. Gen. Laws § 42-46-8. Please be advised that we are closing our file 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/ Sean Lyness

Sean Lyness

Special Assistant Attorney General