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OM 16-05 Comley v. Little Compton School Committee No Violation

The Complainants alleged the School Committee convened into executive session pursuant to R.I. Gen. Laws 42-46-5(a)(2) to discuss potential litigation, yet the School Committee also discussed "the extra paycheck for 2013-14." Based upon the evidence presented, it did not appear that the School Committee members had a collective discussion about the extra paycheck issue amongst each other. We cannot conclude that the School Committee collectively discussed and/or acted upon a matter over which the public body had supervision, control, jurisdiction, or advisory power. R.I. Gen. Laws 42-46-2(a). As such, we found no violation of the OMA. Regarding the Complainants' four (4) other allegations, the statute of limitations for this Department to file a lawsuit expired before this Department received their complaint. Thus, consistent with our precedent, this Department did not render a finding as to those alleged OMA violations. See R.I. Gen. Laws 42-46-8(b).

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