| State of Rhode Island | |
| | |
| OFFICE OF THE ATTORNEY GENERAL | |
| 150 South Main Street- Providence, Rl 02903 (401) 274-4400 www.riag.ri.gov | |
| | |
| Peter F. Neronha | |
| | Attorney General |
VIA EMAIL ONLY
August 16, 2022
OM 22-50
Ms. Nicole Solas
Paul V. Sullivan, Esquire
Legal Counsel, Rhode Island Board of Education
RE: Solas v. Rhode Island Board of Education
Dear Ms. Solas and Attorney Sullivan:
The investigation into the Open Meetings Act (“OMA”) complaint filed by Ms. Nicole Solas (“Complainant”) against the Rhode Island Board of Education (“Board”) is complete. For the reasons set forth herein, we find the Board did not violate the OMA.
The Complainant alleges the Board violated the OMA because the Board “is a public body not listed on the SOS website and not filing meeting minutes.”
Attorney Paul V. Sullivan submitted a substantive response on behalf of the Board indicating that the Board posts agendas and files meeting minutes under “Education, Rhode Island Board of” on the Secretary of State’s website as that is how the Board is listed on the Secretary of State’s website, which is “controlled by the Secretary of State and not controlled by the Board.” The Board also provided undisputed evidence that it convened meetings and posted minutes for those meetings from January 1, 2021 through November 16, 2021.
The Complainant did not submit a rebuttal.
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.
Based upon the record before us, and our independent search, the Board is listed on the Secretary of State’s website and does post its meeting minutes on that website. Accordingly, we find that the Complainant’s allegation does not violate the OMA.
Although this Office has found no violations, 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. O’Rourke
Kayla E. O’Rourke
Special Assistant Attorney General