OM 00-01 (2000).

Case DateJanuary 13, 2000
CourtRhode 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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