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OM 16-01 Marcello v. Scituate Town Council - No Violation

The Scituate Town Council did not violate the OMA when it discussed matters appropriate for closed session under R.I. Gen. Laws 42-46-5(a)(2) "[s]essions pertaining to collective bargaining or litigation, or work sessions pertaining to collective bargaining or litigation." Complainant further alleged that the Council violated the OMA when it failed to disclose a record of the votes taken in closed session. Rhode Island General Laws 42-46-4(b) provides, in relevant part, "a vote taken in closed session need not be disclosed for the period of time during which its disclosure would jeopardize any strategy negotiation or investigation undertaken pursuant to discussion conducted under 42-46-5(a)." Based on the evidence presented, there was insufficient evidence to conclude that the Council violated the OMA when it failed to disclose the executive session vote as of the date the complaint was filed.

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