Press Releases


OM 15-01 Alix v. Harrisville Fire District – No Violation

The Complainant alleged that the Harrisville Fire District ("Fire District") violated the OMA when its Fire Subcommittee held a meeting in March 2014 without notice to the public. In order for the OMA to apply, a "quorum" of a "public body" must convene for a "meeting" as these terms are defined by the OMA. Because the evidence is undisputed that two (2) members of the Subcommittee gathered, this Department needed to determine whether the Subcommittee is composed of three (3) members, or whether the Subcommittee is composed of four (4) members, which would include the ex officio member. We saw no reason, nor were we presented with any legal argument, why an ex officio member of a public body would not be counted towards a quorum. Since two (2) of the four (4) Subcommittee members were present for this unnoticed March 2014 meeting, a "quorum" was not present and the OMA was not implicated. As such, we found no violation.

Related links

Share this: