OM 00-04 (2000).

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

Rhode Island Attorney General Opinions 2000. OM 00-04 (2000). State of Rhode IslandDepartment of the Attorney GeneralOM 00-04 (2000)OM 00-04 Demirjian v. Rhode Island Board of Governors for Higher EducationUnofficial Finding OM 00-04January 19, 2000Mr. Allen M. DemirjianWarwick, Rhode Island 02888Re: Demirjian v. Rhode Island Board of Governors for Higher EducationOUR File No.: OM 99-0467 Dear Mr. Demirjian: The investigation into your Open Meetings Act (OMA) complaint filed against the Rhode Island Board of Governors for Higher Education (Board) on September 27, 1999, is complete. You contend that the Board violated the OMA by discussing and/or voting upon a matter concerning Dr. Robert Carothers' employment status as President of the University of Rhode Island outside the public's purview. You allege that the June 29, 1999 minutes "give no indication, (executive session or otherwise) that the [President] Carothers issue was ever a topic of discussion, nor was it part of any posted agenda." Furthermore, you assert that "[t]here was no July meeting." Based upon the absence of a posted meeting to discuss and/or vote upon President Carothers' employment status, you allege that the Board violated the OMA. In particular, you reference a Providence Journal article and question "how did [Board Chairperson Sarah T. Dowling] ascertain and why did she inform [President] Carothers in their first July encounter that 'she had the votes' not to re-hir[e] him FOUR MONTHS before his normal presentation before the full [Board]?" Later, in your complaint, you quote the same Providence Journal article wherein both Chairperson Dowling and Vice-Chairman Frank Caprio reiterate "that 'they have the votes' not to re-hire [President Carothers]." Later in your complaint, you raise another point referenced in the same Providence Journal article and question "[w]hy would alumni report to Dr. Carother's [sic] that [Vice-Chairman] Caprio has not only told them of having the votes to not re-hire, but give a finite number of TEN?" Based upon the fact that a "finite number of TEN" was reported, you state that "[t]his suggests further credence that a majority of other [Board] members would have to be[] polled in some manner in order for [Chairperson] Dowling and [Vice-Chairman] Caprio to be so adamant and Mr. Allen M. Demirjian January 19, 2000 Page 2 of 3 ...