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OM 14-36 Fitzmorris v. Portsmouth Town Council – No Violation

The Complainant alleged the Town Council convened into executive session under R.I. Gen. Laws § 42-46-5(a)(2) for "litigation," but since all the parties to the litigation were present, the Complainant alleged the meeting should have occurred in open session. This Department concluded that the meeting of the Town Council in executive session with DEM officials and its legal counsel to discuss litigation which, at the time, was pending in the DEM's Administrative Adjudication Division involving a Notice of Violation issued by DEM against the Town was an appropriate topic pursuant to R.I. Gen. Laws § 42-46-5(a)(2).

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