| State of Rhode Island | |
| | |
| OFFICE OF THE ATTORNEY GENERAL | |
| 150 South Main Street- Providence, Rl 02903 (401) 274-4400 www.riag.ri.gov | |
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| Peter F. Neronha | |
| | Attorney General |
October 20, 2022
OM 22-59
Ms. Nicole Solas
Paul V. Sullivan, Esq.
Re: Solas v. COVID-19 Equity Council
Dear Ms. Solas and Attorney Sullivan:
We have completed an investigation into the Open Meetings Act (“OMA”) Complaint filed by Ms. Nicole Solas (“Complainant”) against the COVID-19 Equity Council (“Council”). For the reasons set forth herein, we find that the Council is not a “public body” under the OMA.
The Complainant alleges that the Council failed to file minutes for “August 25 [2021], September 8 [2021], September 22 [2021], October 6 [2021], October 20 [2021], and November 3 [2021].”
Attorney Paul Sullivan submitted a substantive response on behalf of the Council, which included an affidavit from the Chief of Staff for the Lieutenant Governor of the State of Rhode Island, Yvonne J. Graff. The Council asserts that this Office recently issued a finding involving the same entity on this issue, see Arditi v. Governor’s State Equity Council, OM 21-31. The Council contends that the COVID 19-Equity Council is the same entity that was identified as the “Governor’s State Equity Council” in the Arditi finding and provides the affidavit of Yvonne J. Graff as evidence. Ms. Graff attests that the COVID-19 Equity Council is the same entity as the “Governor’s State Equity Council.” The Council further alleges that the entities are the same based on the description of the Council on its webpage, the history of the Council, and a web search for “Governor’s State Equity Council” returns the webpage for the Council.
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 on the evidence provided, this Office finds that the entity in this matter is the same entity designated as the “Governor’s State Equity Council.” This Office recently found that the Governor’s State Equity Council is not a public body and not required to file meeting minutes. See Arditi v. Governor’s State Equity Council, OM 21-32. This prior finding controls the instant Complaint against the same entity and Complainant provides no reasoning to the contrary. Thus, we find no OMA violation.
We nevertheless remind the Council that the OMA represents a floor and not a ceiling, and that posting minute advances the goals of transparency.
Although the Attorney General has found no violation and will not file suit in this matter, nothing in the OMA precludes an individual from pursuing a complaint in the Superior Court as specified in the OMA. R.I. Gen. Laws § 42-46-8(c). The Complainant may pursue an OMA complaint within “ninety (90) days of the attorney general’s closing of the complaint or within one hundred eighty (180) days of the alleged violation, whichever occurs later.” Id. Please be advised that we are closing this 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: Marissa D. Pizaña
Marissa D. Pizaña
Special Assistant Attorney General