OM 00-03 (2000).

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

Rhode Island Attorney General Opinions 2000. OM 00-03 (2000). State of Rhode IslandDepartment of the Attorney GeneralOM 00-03 (2000)OM 00-03 Walsh v. Charlestown Town CouncilUnofficial Finding OM 00-03January 19, 2000Mr. Henry A. WalshCharlestown, Rhode Island 02813Re: Walsh v. Charlestown Town CouncilOUR File No.: OM 99-0333 Dear Mr. Walsh: The investigation into your Open Meetings Act (OMA) complaint filed against the Charlestown Town Council (Town Council) is complete. You allege that the Town Council violated the OMA by convening into executive session to discuss and vote on the Town Administrator's agreement. Specifically, you relate that you do not "believe that a valid reason was used to justify an executive session [since t]his was not a collective bargaining session, and [since the Town Administrator] is not a member of a union." Furthermore, you contend that the executive session vote "was not done in public" and "is not part of the minutes." In response to your complaint, this Department contacted the town solicitor, Philip M. Sloan, Jr., Esquire, who forwarded the minutes and the audiotape of the instant executive session, as well as a substantive response. Mr. Sloan denies that the Town Council violated the OMA and notes that he is "unable to locate a reference [within the OMA] where it indicates that one must be 'a member of a union' in order to come under the umbrella of collective bargaining sessions." Moreover, in response to your allegation that the executive session vote "is not part of the minutes," Mr. Sloan directs this Mr. Henry A. Walsh January 19, 2000 Page 2 of 4 Department's attention to paragraph eight of the open session minutes wherein it indicates that "[a]ll voted in favor of the motion" to approve the Town Administrator's agreement. Lastly, Mr. Sloan represents that the Town Administrator "advise[d] the Town Clerk that his employment agreement is being made available . . . as part of [the Town Clerk's] 'official records' . . . [and is] available to any member of the public." In Gagnon-Rowell v. Narragansett School Committee, OM 96-19, this Department, under a previous administration, considered an issue similar to the one presented. In Gagnon-Rowell, this Department examined an executive session where a group of employees convened to discuss contract negotiations with the School Department, and in...