The North Smithfield Town Council's July 15, 2013 meeting agenda indicted it would be convening into executive session under R.I. Gen. Laws § 42-46-5(a)(2), but the Complainant alleged the two (2) items listed under that topic heading did not concern either litigation or collective bargaining. After our review of the open session and executive session minutes, we conclude the discussions for both items properly fell within the "litigation" exception set forth in R.I. Gen. Laws § 42-46-5(a)(2) such that there was no violation. See Nielson v. Charlestown Town Council, OM 99-23; Kerwin v. Rhode Island Higher Education Assistance Authority, OM 13-10. As our prior findings have made clear, the fact that a litigation case was not pending in court is of no moment. See The Barrington Times v. Barrington School Committee, OM 09-10; Scituate Democratic Town Committee v. Scituate Town Council, OM 08-50.
