Wahl, et al.
v.
Indian Lake Shores Fire District
AGO OM 20-1
No. OM 20-01
Rhode Island Attorney General Opinion
State of Rhode Island and Providence Plantations
January 2, 2020
Mr.
Keith R. Wahl
Ms.
Jennifer Ray Wahl
Robert
J. Donnelly, Esquire
Legal
Counsel, Indian Lake Shores Fire District
RE:
Wahl, et al. v. Indian Lake Shores Fire District
Dear
Mr. and Ms. Wahl and Attorney Donnelly:
We have
completed an investigation into the Open Meetings Act
("OMA") complaint filed by Mr. and Ms. Keith and
Jennifer Ray Wahl ("Complainants") against the
Indian Lake Shores Fire District ("Fire District").
For the reasons set forth herein, we find that the Fire
District violated the OMA.
Background
The
Complainants contend that the Fire District violated the OMA
by failing to post minutes of its August 18, 2019 meeting on
the Secretary of State's website.
The
Fire District submitted a substantive response through its
counsel, Robert J. Donnelly. The Fire District concedes that
the minutes of the Fire District's annual meeting held on
August 18, 2019 were not posted on the Secretary of
State's website until "October 3, 2019 at 1:11
PM[.]"1
The
Complainants did not submit a rebuttal.
Relevant
Law
When we
examine an OMA complaint, our authority is to determine
whether a violation of the OMA has occurred. See
R.I. Gen. Laws § 42-46-8. In doing so, we must begin
with the plain language of the OMA and relevant case law
interpreting this statute.
The OMA
provides that
"all
volunteer fire companies, associations, fire district
companies, or any other organization currently engaged in the
mission of extinguishing fires and preventing fire hazards,
whether it is incorporated or not, and whether it is a paid
department or not, shall post unofficial minutes of their
meetings within twenty-one (21) days of the meeting, but not
later than seven (7) days prior to the next regularly...
