Mr. James Angelo
AGO OM 19-2
No. OM 19-02
Rhode Island Attorney General Opinion
State of Rhode Island And Providence Plantations
April 8, 2019
Mr.
James Angelo
William
Conley, Esq.
Town of
Westerly
RE:
Angelo v. Town of Westerly
Dear
Mr. Angelo and Mr. Conley:
The
investigation into the Open Meetings Act ("OMA")
Complaint filed by Mr. James Angelo ("Mr. Angelo"
or "Complainant") against the Town of Westerly
("Town") is complete. For the reasons set forth
herein, we find that the Town did not violate the OMA.
The
initial Complaint referenced an April 9, 2018 meeting of the
Town Council and raised various allegations pertaining to the
Town's sale of property located at 11 Rock Ridge Road.
Several times, this Office asked the Complainant to identify
the specific meetings or actions of the Town that he alleged
violated the OMA. Over the course of several communications
with this Office the Complainant submitted various documents
and contended that he had presented
"circumstantial" evidence that the Town violated
the OMA over an extended period of time beginning in 2017 by
holding closed session meetings. The Complainant did not
identify any specific meetings or actions that he alleged
violated the OMA, besides the initial reference to the April
9,2018 meeting.
After
having attempted to obtain additional specificity about the
allegations, this Office also sent both the Complainant and
the Town acknowledgment letters describing the Complaint as
alleging that the Town violated the OMA during its April 9,
2018 meeting when it convened in executive session to discuss
what the Complainant claimed was an improper sale of Town
property at a tax sale.[1] The acknowledgment letter expressly
provided the Complainant an additional opportunity to dispute
the characterization of the Complaint. We received no
objection. Accordingly, the sole issue properly before this
Office is whether the Town Council improperly convened into
executive session to discuss the sale of Town property during
its April 9, 2018 meeting.
The...