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OM 13-21 Macomber v. Warren Town Council – Violation Found

This Department did not address complainant's allegation that the Warren Town Council's ("Town Council") agenda for its February 12, 2013 meeting was insufficient to inform the public of the nature of the business to be discussed since the complainants attended the February 12, 2013 meeting and did not demonstrate that they were aggrieved or in any way disadvantaged by this potential allegation. See Graziano v. Rhode Island State Lottery Commission, 810 A.2d 215 (R.I. 2002). The Town Council did not violate the OMA when it failed to file its minutes for the January 8, 2013 meeting within thirty-five (35) days of the meeting because the Town Council is not a public body defined within R.I. Gen. Laws § 42-46-7(d) and therefore is not required to file its minutes with the Secretary of State. The Town Council violated the OMA when it posted notice on February 22, 2013 for its February 23, 2013 meeting, which did not comply with the forty-eight (48) hour requirement. See R.I. Gen. Laws § 42-46-6(b). This Department did not, however, find a willful or knowing violation.

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