ADV OM 99-10 (1999).

• Case Date: July 02, 1999
• Court: Rhode Island

Rhode Island Attorney General Opinions 1999. ADV OM 99-10 (1999). State of Rhode IslandDepartment of the Attorney GeneralADV OM 99-10 (1999)AVD OM 99-10 Hope Library of Hope, Rhode IslandOM Advisory 99-10July 2, 1999Michael A. St. Pierre, Esq.Revens, Lanni, Revens & St. PierreWarwick, Rhode Island 02886Re: Hope Library of Hope, Rhode IslandRequest for Open Meetings Act Advisory Opinion Dear Mr. St. Pierre: You presently serve as the President of the Board of Trustees for the Hope Library Association of Hope (Scituate), Rhode Island and are requesting an advisory opinion. Specifically, you request this Department's advice concerning the applicability of the Open Meetings Act (OMA) to the Hope Library Association of Hope (Scituate), Rhode Island (hereafter "Association"). You relate the following facts. The Association is a non-profit corporation that has been in existence for many years. The Association has not been chartered by either legislative act or by town ordinance, however, the bulk of the revenue for operations does come from the Town of Scituate on an annual basis. You represent that the remaining operating funds are drawn from contributions, grants, and fund-raisers. You further relate that the Association is comprised of "any responsible person who makes a payment of nominal annual dues" and that the "Board of Trustees consists of nine members who serve without compensation and who are elected at the annual [A]ssocation meeting by the vote of the members present." In addition, you describe the Board of Trustees' responsibilities to include, among others, ensuring the efficient operation of the library (and its paid staff), as well as filing the required annual report with the Office of the Secretary of State in order to maintain non-profit status. The OMA defines a "public body" as "any department, agency, commission, committee, board, council, bureau, or authority or any subdivision thereof of state or Michael A. St. Pierre, Esq. July 2, 1999 Page 2 of 3 municipal government." R.I. Gen. Laws § 42-46-2(c). Consequently, based upon this definition, the determinative factor concerning the applicability of the OMA concerns whether the Association constitutes any subdivision of "state or municipal government." We conclude that it does not. Recently, in Schmidt v. Ashaway Volunteer Fire Association, OM 98-33, we had occasion...