AG 95-04.

Case DateFebruary 27, 1995
CourtRhode Island
Rhode Island Attorney General Opinions 1995. AG 95-04. OFFICIAL OPINION 95-04February 27, 1995Meredith A. FineManaging EditorEast Bay NewspapersOne Bradford StreetBristol, RI 02809Re: Barrington Times/Meredith Fine v. Barrington School CommitteeOur File No.: OM94-0890 Dear Ms. Fine: The investigation into your Open Meetings Act complaint against the Barrington School Committee (the "Committee") is complete. According to your complaint, you believe that on December 1, 1994, the Committee violated R. I. Gen. Laws §§ 42-46-1 et seq., the Open Meetings Act (the "Act") by: (1) failing to notice an executive session meeting held prior to convening a noticed meeting, and (2) improperly discussing during that closed session the election of its officers and the religious wording of a third grade Christmas Carol. In response to your complaint, I contacted Attorney William R. Powers, III, who represents the Committee. Attorney Powers provided this office with copies of the open session minutes dated December 1, 1994, the agenda for the December 1 meeting as advertised, and the agenda provided at the December 1 meeting. The pertinent facts do not appear in dispute. On December 1, 1994, the Committee met at 7:00 p.m. in executive session. Present at this meeting were Committee members H. Terri Adelman, Roni Phipps, Susan Story and Martha Scavongelli. Committee member Patricia O'Connor was not present but was contacted in Ohio by conference call. This executive session meeting was not noticed and occurred one half hour before the noticed meeting of the Barrington School Committee, which was scheduled and advertised for 7:30 p.m. At the closed session, the members discussed Committee appointments of chairperson and vice chairperson. Immediately following this discussion, which was completed at approximately 7:30 p.m., the following individuals joined the executive session: Superintendent Ralph Malafronte, Principal of Primrose Hill Elementary School, Betty Durfee and the Music Department Chair Elizabeth Boehmke. At that time, the Committee discussed whether certain religious lyrics should be omitted from the Primrose Hill Elementary School's annual Holiday Concert, in response to a complaint by a parent. According to Attorney Powers, Superintendent Malafronte approached the Committee for advice concerning the complaint. The Committee...

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