OM 99-03 (1999).

• Case Date: February 23, 1999
• Court: Rhode Island

Rhode Island Attorney General Opinions 1999. OM 99-03 (1999). State of Rhode IslandDepartment of the Attorney GeneralOM 99-03 (1999)OM 99-03 Banes v. West Warwick Sewer SubcommitteeFebruary 23, 1999Unofficial Finding No. OM 99-03Mr. Robert A. BanesWest Warwick, RI 02893Re: Banes v. West Warwick Sewer SubcommitteeOur File Nos. OM 98-0460, 98-0483 Dear Mr. Banes: The investigation into your Open Meetings Act ("Act") complaints against the West Warwick Sewer Subcommittee ("Subcommittee") is complete. You believe that the Subcommittee violated the Act at its July 23, 1998 meeting by failing to make an open call to convene into executive session and discussing improper issues or topics in executive session. You also believe that the Subcommittee violated the Act at its August 6, 1998 meeting by discussing improper topics in executive session. We shall address each complaint separately. The Subcommittee convened a meeting on July 23, 1998 to discuss matters over which it had jurisdiction, control or advisory power. The posted agenda for the meeting did not document that the Subcommittee intended to convene into executive session. The minutes for the July 23, 1998 meeting reveal that the Subcommittee convened into executive session under the agenda item: E. Personnel Matters 1. Compensatory Time 2. Hours of Work, Vacation and Sick Leave 3. Clothing Allowance You believe that these topics were inappropriate for closed session discussion under R.I. Gen. Laws, Section 42-46-5. Robert A. Banes February 23, 1999 Page Two The open session minutes record that the Subcommittee convened into closed session utilizing the following procedure: Mr. Manning made a call to recess to Executive Session to discuss this matter because it deals with specific individuals. No objections were raised. The executive session minutes were not sealed and, therefore, are a matter of public record. These minutes reveal that the Subcommittee discussed compensatory time and that it needed to composed rules and regulations that "deal" with how a person gets compensatory time and who approves it. We received the Subcommittee's response from its legal counsel, Susan E. McGuirl, Esq. Ms. McGuirl relates that in drafting the agenda for the July 23, 1998 meeting, the Director of Administration intended that the Subcommittee discuss in general terms compensatory, vacation and sick time as well as...