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OM 17-20 Bleczinski v. Warwick School Committee No Violation

The Complainant alleged that the School Committee violated the OMA when it deliberated with its attorney outside of open session. We previously addressed a nearly identical question in In re: Rhode Island Ethics Commission, ADV OM 00-03. There, we found that public body "members who merely address questions to legal counsel (and receive answers from legal counsel) will not constitute a 'meeting' for purposes of the OMA." Id. Here, consistent with our previous finding, counsel for the School Committee met with the School Committee and answered questions. Based on the uncontroverted evidence, we found no indication that a collective discussion took place and thus found that no "meeting" occurred pursuant to R.I. Gen. Laws 42-46-2(1). Accordingly, we found no violation.

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