PR 99-16 (1999).

Case DateNovember 18, 1999
CourtRhode Island
Rhode Island Attorney General Opinions 1999. PR 99-16 (1999). State of Rhode IslandDepartment of the Attorney GeneralPR 99-16 (1999)PR 99-16 Cervasio v. Foster Town Council et. alUnofficial Finding OM 99-24Unofficial Finding PR 99-16November 18, 1999Mr. Ron CervasioFoster, Rhode Island 02875Re: Cervasio v. Foster Town Council et. alOUR File No.: OM 98-0545 Dear Mr. Cervasio: The investigations into your Open Meetings Act (OMA) and Access to Public Records Act (APRA) complaints are complete. You allege that the Foster Town Council (Town Council) violated the OMA when two Town Council members held a private discussion during a Town Council meeting. In addition, you contend that the Town Council and/or the Town Treasurer violated the APRA by failing to respond to your request for information. With respect to your OMA complaint, you contend that at a Town Council meeting "Councilman Campbell held a private conversation with Councilwoman Borders." After this "private conversation," you allege that Councilwoman Borders changed her vote regarding authorizing the Town Solicitor to file an appeal in the Superior Court regarding an adverse decision by the Ethics Commission. You contend that this "private conversation" violated the OMA. Moreover, with respect to your APRA complaint, you allege that the Town Treasurer and/or the Town Council have not responded to your request for information. Specifically, you submitted to the Town Treasurer a list of approximately twenty questions, which you wanted answered, as well as questions concerning "Surplus Reconciliation." You contend that the failure to answer these questions violated the APRA. In response to your complaint, we contacted the town solicitor, Bradford Gorham, Esquire, who forwarded several documents, including a substantive response. Mr. Gorham denies that the Town Council and/or the Town Treasurer violated either the OMA or the APRA. In particular, Mr. Gorham asserts that the conversation between Mr. Ron Cervasio November 18, 1999 Page 2 of 2 Councilors Campbell and Borders did not implicate the OMA "[s]ince two members of the town council do not constitute a quorum." Regarding your APRA complaint, Mr. Gorham states "that the Open Records Law does not require that town employees or officials be required to compile answers to questions." See R.I. Gen. Laws § 38-2-3(f). We agree on both...

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