OM 00-01 (2000).
Case Date | January 13, 2000 |
Court | Rhode Island |
Rhode Island Attorney General Opinions
2000.
OM 00-01 (2000).
State of Rhode
IslandDepartment of the Attorney GeneralOM 00-01 (2000)OM 00-01 Schmidt v. Ashaway Fire DistrictUnofficial Finding OM 00-01January 13, 2000Mr. & Mrs. Raymond SchmidtBradford,
Rhode Island 02808Re: Schmidt
v. Ashaway Fire DistrictOUR File No.: OM 99-0529
Dear Mr. & Mrs. Schmidt:
The investigation into your Open Meetings Act (OMA) complaint
filed against the Ashaway Fire District (Fire District) is complete. You allege
that the Fire District violated the OMA by: (1) holding closed and unnoticed
meetings to fill two positions on the Contract Committee; (2) failing to
control the noise level during a meeting, thus making it difficult to
"understand what is going on;" (3) creating a situation (several Fire District
members speaking at the same time) whereby an interpreter could not properly
translate a conversation; (4) beginning the commencement time of a September
meeting after the posted time; and (5) having two Commissioners convene an
impromptu meeting with the out-going District Treasurer outside the public's
purview.
In response to your complaint, this Department contacted legal
counsel, Vincent J. Naccarato, Esquire, who forwarded several documents,
including a substantive response. Mr. Naccarato denies that the Fire District
violated the OMA and represents that "[t]he appointment of the Contract
Committee took place at the annual meeting of the [Fire] District." In response
to your remaining allegations, Mr. Naccarato represents that although a
newspaper advertisement for the September meeting indicated that the meeting
would begin at 7:00 p.m., the meeting actually began at approximately 7:30
p.m., the Fire District's members attempted to control the noise levels at the
meetings, and there were no unnoticed meetings of the Fire District with the
out-going District Treasurer.
The OMA requires that unless specifically exempt, all meetings of
a public body must be held in open session. R.I. Gen. Laws § 42-46-3.
Moreover, in order for the provisions of the OMA to apply, a "quorum" of a
"public body" must be present. See Fischer v. Zoning Board for the Town of
Charlestown, C.A. No. 93-0624 (filed, May 22, 1997), aff'd Fischer v. Zoning
Board of the Town of Charlestown, 723 A.2d 294 (R.I.
Mr. & Mrs. Raymond Schmidt
January 13, 2000
Page 2 of 3
1999). A...
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