PR 99-21 (1999).
Case Date | December 24, 1999 |
Court | Rhode Island |
Rhode Island Attorney General Opinions
1999.
PR 99-21 (1999).
State of Rhode
IslandDepartment of the Attorney GeneralPR 99-21 (1999)PR 99-21 Schmidt v. Ashaway Volunteer Fire Association and Ashaway Fire
DistrictUnofficial Finding OM
99-38Unofficial Finding PR 99-21December 24, 1999Mrs. Kathy SchmidtBradford, RI
02808Re: Schmidt v. Ashaway
Volunteer Fire Association and Ashaway Fire DistrictOur File No.: OM 99-0279
Dear Mrs. Schmidt:
The investigation into your Open Meetings Act ("OMA") and Access
to Public Records Act ("APRA") complaints filed against the Ashaway Fire
District ("Fire District") and the Ashaway Fire Department ("Fire Department")
are complete. You allege that the Fire Department violated the OMA on numerous
occasions by, among other things, failing to state the section and the reason
for convening into executive session, failing to post the time meetings would
begin, failing to provide an oral interpreter, and starting meetings after the
designated time.
With respect to the aforementioned OMA allegations, this
Department previously found that, for the purposes of the OMA, the Fire
Department does not constitute a "public body." See Schmidt v. Ashaway
Volunteer Fire Association, OM 98-33. Since the Fire Department does not
constitute a public body, the OMA's provisions do not govern it. Id.
Accordingly, we find no violation.
Next, we shall address your APRA complaints filed against both
the Fire District and the Fire Department. With respect to the Fire Department,
you forward a copy of its minutes, which are redacted. These minutes were
originally forwarded to the Department of the Attorney General by legal counsel
for the Fire Department as part of a 1997 case involving you. As stated by the
Fire Department's legal counsel in the cover letter that
Mrs. Kathy Schmidt
December 24, 1999
Page 2 of 4
accompanied these minutes to the Department of the Attorney
General, "[a]ll personal matters have been excluded due to privacy issues
pursuant to R.I. Gen. Laws 38-2-1."
Your present letter to the Department of the Attorney General
states:
"I am asking [the Department of the Attorney General] if, indeed,
[the Fire Department] can 'black out' all the information they did. It seems to
me they DID NOT COMPLY with the law and just 'blacked out' whatever they felt
like. If indeed this is wrong, I would like [the Department of...
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