Fiero v. Rhode Island Department of Education Council on K12, 103020 RIAGO, AGO OM 20-49

• Case Date: October 30, 2020
• Court: Rhode Island

Fiero v. Rhode Island Department of Education Council on K12 AGO OM 20-49 No. OM 20-49 Rhode Island Attorney General Opinion State of Rhode Island and Providence Plantations October 30, 2020          Ms. Nicole Fiero          Anthony F. Cottone, Esquire Chief Legal Counsel, RIDE          RE: Fiero v. Rhode Island Department of Education Council on K12          Dear Ms. Fiero and Attorney Cottone:          We have completed an investigation into the Open Meetings Act (“OMA”) complaint filed by Ms. Nicole Fiero (“Complainant”) against the Rhode Island Department of Education Council on K12 (“RIDE”). For the reasons set forth herein, we find that RIDE did not violate the OMA or the Governor’s Executive Order regarding conducting open meetings during the COVID-19 pandemic.          Background          The Complainant alleges RIDE violated the OMA and the Governor’s Executive Order1 at its Zoom virtual meeting on July 21, 2020 because “participants were not able to activate video for the purpose of displaying signs, as they would at an in-person meeting. The chat box was also disabled, which could have functioned as a way for attendees to have their voice ‘heard.’” The Complainant also states that “RIDE slated speakers as ‘panelists,’ who had video enabled, but attendees did not have video enabled.”          Attorney Anthony F. Cottone submitted a substantive response on behalf of RIDE contending that the July 21, 2020 Zoom meeting complied with the OMA, the Governor’s Executive Order regarding open meetings, and the guidance for conducting Zoom meetings issued by the Rhode Island Department of Business Regulation. RIDE states that the agenda for the July 21, 2020 virtual meeting provided instructions to members of the public on how to submit written public comments or to request an opportunity to present verbal comment at the July 21, 2020 meeting. This statement is confirmed by the July 21 meeting agenda provided to this Office. RIDE further contends that:

“The Zoom Webinar platform available for Council meetings permits only one hundred (100) individuals to appear on two separate screens as ‘panelists’ who are able to address the Council. In fact, over 800 individuals logged into the July 21^st meeting, and twenty (20) members of the public signed-up to speak in advance. Thus, the Council made the necessary decision to limit the individuals who would be permitted to log in as ‘panelists’ to the Council members, RIDE staff who were presenting at the meeting, and the twenty (20) participating members of the public. The remaining roughly seven hundred (700) members of the public interested in ‘attending’ the meeting joined as ‘participants.’”

...