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OM16-07 Nova v. The Compass School – Violation

The Compass School violated the OMA when it held a strategic planning session meeting on February 7, 2015, yet failed to keep written minutes in violation of R.I. Gen. Laws § 42-46-7. The School violated the OMA when its agenda item for its March 25, 2015 and April 1, 2015 meetings indicated it would convene into executive session pursuant to "RIGL 42-46-5(a)(1) director, as relates to director search," yet it appears the School generally discussed the position and requirements for a new director. The executive session meeting minutes for both meetings contain too little information to substantiate the School's argument for executive session, and thus we found that the subject-matter for those two meetings was not appropriate for executive session. The School did not violate the OMA as the minutes reflect in the open call a recording of the affirmative vote of its members to convene into executive session for both meetings. The School did not violate the OMA when, upon reconvening into open session during the March 25, 2015 meeting, it did not record the vote because the evidence revealed no vote was taken and the School properly recorded the votes in its April 1, 2015 open session meeting. As a remedy, the School must disclose its March 25, 2015 and April 1, 2015 executive session minutes.

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