Sirois
v.
Glocester Town Council
AGO OM 20-50
No. OM 20-50
Rhode Island Attorney General Opinion
State of Rhode Island and Providence Plantations
October 30, 2020
Mr.
Jason Sirois
Timothy
F. Kane, Town Solicitor, Town of Glocester
RE:
Sirois v. Glocester Town Council
Dear
Mr. Sirois and Attorney Kane:
The
investigation into the Open Meetings Act (“OMA”)
complaint filed by Mr. Jason Sirois
(“Complainant”) against the Glocester Town
Council (“Council”) is complete. For the reasons
set forth herein, we find that the Council did not violate
the OMA.
Background
The
Complainant alleges that sometime between May 1, 2020 and May
5, 2020 the Council violated the OMA by discussing
Complainant’s employment outside of a properly noticed
public meeting. During its May 7, 2020 meeting, the Council
publicly voted to accept the Public Works Director’s
recommendation to not offer a permanent position to
Complainant, who was a probationary employee.
The
Council submitted a substantive response through counsel,
Timothy F. Kane, Esquire, including affidavits from all five
members of the Council. Attorney Kane states that,
“[o]n or about May 1, 2020 [he] received a telephone
call from the Glocester DPW director informing [him] that Mr.
Sirois’ probationary employment period would expire on
May 9, 2020 and that the DPW director would not be
recommending Mr. Sirois for further employment with the Town
of Glocester.” After Attorney Kane’s conversation
with the Glocester DPW director, Attorney Kane states that he
“called Glocester Town Council President George O.
Steere, Jr. and informed him of my conversation with the DPW
director and that the matter was in order to be scheduled for
the next Town Council meeting namely, May 7, 2020.”
Based
upon the affidavits submitted by Council President Steere and
Council members Julian Forgue and Patricia Henry, Council
President Steere had a conversation with Council member
Forgue and also had a conversation with Council member Henry
regarding the subject of scheduling the topic of
Complainant’s job performance on the May 7, 2020
meeting agenda. Council President Steere and Council members
Forgue and Henry each attest that they “do not recall
discussing Mr. Sirois’ job performance” with any
other councilmember between May 1 and May 5, 2020, although
Council members Forgue and Henry “may” have had a
telephone conversation with each other during the relevant
time period “with respect to scheduling the subject of
Mr. Sirois’ job performance for the...
