OM 99-02 (1999).

• Case Date: February 11, 1999
• Court: Rhode Island

Rhode Island Attorney General Opinions 1999. OM 99-02 (1999). State of Rhode IslandDepartment of the Attorney GeneralOM 99-02 (1999)OM 99-02 Lizotte v. Lincoln Housing AuthorityFebruary 11, 1999Unofficial Finding No. OM 99-02Mr. Brian J. Lizotte Lincoln, RI 02865Re: Lizotte v. Lincoln Housing AuthorityOur File No. OM 98-0687 Dear Mr. Lizotte: The investigation into your Open Meetings Act ("Act") complaint against the Lincoln Housing Authority ("Housing Authority") is complete. You believe that the Housing Authority violated the Act by convening an unnoticed executive session on November 19, 1998 to discuss an employment contract for the Housing Authority's Executive Director. We received the Housing Authority's response from its' legal counsel, Richard R. Ackerman, Esq. Mr. Ackerman provided this Department with a copy of the agenda for the November 19, 1998 meeting. The agenda is mailed or delivered one week in advance of the meeting to all housing authority commissioners as well as being posted in the vestibule of the Housing Authority office at least 48 hours prior to the meeting. The Housing Authority's office is in the same building where its meetings are convened. On page one of the agenda, under "Items to be Discussed" , it is listed as follows: 1. Chairman Takes Roll Call 2. Approval Of Minutes Of Last Regular Meeting, October 22, 1998 3. Approval of All billings 4. Letters of Communication 5. Secretary's Report 6. Unfinished Business 7. New Business Mr. Brian J. Lizotte February 11, 1999 Page Two 8. Good and Welfare 9. Adjournment Thereafter, the agenda specifies with greater detail the matters that will be discussed under each of the items. It is under this section, on page three of the agenda, there is noted an "Executive Session: - Personnel Issues". This executive session was not reflected on page one of the agenda in the general "Items To Be Discussed " section. I. OPEN MEETINGS ACT A. Written Public Notice The issue presented is whether the Lincoln Housing Authority posted notice that it would convene into executive session at its November 19, 1998 meeting. A review of the agenda for this meeting is rather confusing. Under the section where it generally summarizes the items to be discussed, there is no notation of an intended executive session. However, on page three of the agenda, where a more detailed version of each of the "Items to be Discussed", it is noted that there would be an executive session to discuss "personnel issues". Although it is confusing, the Housing Authority did note on the agenda that it would convene into executive session. However, this Department urges the Housing Authority to provide clear notice of the business it intends to discuss. B. Statement Specifying the Nature of the Business to be Discussed Notwithstanding...