PR 99-16 (1999).
Case Date | November 18, 1999 |
Court | Rhode 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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