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OM15-19 Marcello v. Scituate School Committee Violation

The School Committee violated the OMA during its November 18, 2014 meeting when it memorialized its open call in the executive session meeting minutes, rather than the open session minutes. The School Committee violated the OMA when it recorded the vote of each member on the question of holding a meeting closed to the public and the reason for holding a closed meeting, by a citation to a subdivision of R.I. Gen. Laws 42-46-5(a) and a statement specifying the nature of the business to be discussed, in the executive session meeting minutes when it should have been recorded in the open session minutes. The School Committee also violated the OMA when it failed to disclose the vote upon returning to open session. See R.I. Gen. Laws 42-46-4(b). Lastly, the School Committee violated the OMA when it convened into executive session pursuant to R.I. Gen. Laws 42-46-5(a)(2) sessions pertaining to collective bargaining or litigation - yet none of the school department employees were members of collective bargaining units and litigation was not pending or reasonably anticipated.

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