OM 00-02 (2000).

• Case Date: January 19, 2000
• Court: Rhode Island

Rhode Island Attorney General Opinions 2000. OM 00-02 (2000). State of Rhode IslandDepartment of the Attorney GeneralOM 00-02 (2000)OM 00-02 Miller Scott and Holbrook v. Barrington School CommitteeUnofficial Finding OM 00-02January 19, 2000Dianne L. Izzo, Esq.Miller Scott & HolbrookNewport, Rhode Island 02840-2967Re: Miller Scott and Holbrook v. Barrington School CommitteeOUR File No.: OM 99-0623 Dear Ms. Izzo: The investigation into your Open Meetings Act (OMA) complaint filed against the Barrington School Committee (Committee) is complete. You allege that on December 2, 1999, your clients requested from the Committee, copies of the November 4, 1999, and the November 18, 1999 minutes. You contend that your clients were advised "that copies of the minutes were not typed and would not be available until December 16, 1999." Since these minutes were not available prior to the "next regularly Dianne L. Izzo, Esq. January 19, 2000 Page 2 of 3 scheduled meeting," you contend that the Committee violated the OMA. See R.I. Gen. Laws § 42-46-7(b). In response to your complaint, this Department contacted legal counsel, Rosemary Healey, Esquire. Ms. Healey denies that the Committee violated the OMA and represents that the "unofficial minutes for the November 4 and 18, 1999 School Committee meetings were available at the Barrington School Department when Ms. Izzo's clients apparently requested them on December 3." Moreover, Ms. Healey relates that "Superintendent Malafronte's secretary interpreted the request from an unidentified caller on December 3, 1999 to be a request for official minutes." Based upon this "misunderstanding," Ms. Healey argues that the Committee "was in compliance with the Open Meetings Law by having unofficial minutes available for inspection" and that the requested unofficial minutes have been forwarded to you. The OMA requires that "[a]ll public bodies . . . keep written minutes of all their meetings." R.I. Gen. Laws § 42-46-7(a). Moreover, the OMA mandates that these "minutes shall be public records and unofficial minutes shall be available, to the public at the office of the public body, within thirty-five (35) days of the meeting or at the next regularly scheduled meeting, whichever is earlier." R.I. Gen. Laws § 42-46-7(b). Based upon the evidence presented, we find no violation. In...