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OM 16-08 Wilk v. Cumberland Fire District No Violation

The Complainant alleged the Cumberland Fire District ("CFD") violated the OMA when the agenda for one of its meeting did not include a time the meeting was to commence. The Complainant did not attend the meeting in question, nor did he attend any of the CFD's meetings. This Department sent correspondences to the Complainant dated November 16, 2015 and December 3, 2015 inquiring whether the reason Complainant did not attend the meeting was because he did not know the time of the meeting, or because he generally does not attend these meetings. We received no response. The OMA provides that "[a]ny citizen or entity of the state who is aggrieved as a result of violations of the provisions of this chapter may file a complaint with the attorney general." R.I. Gen. Laws 42-46-8(a). See also Graziano v. Rhode Island State Lottery Commission, 810 A.2d 215 (R.I. 2002) (The burden of demonstrating such a grievance is upon the party who seeks to establish standing to object to the notice). Here, pursuant R.I. Gen. Laws 42-46-8(a), and the standard established in Graziano, the Complainant did not demonstrate that he was "in some way disadvantaged or aggrieved by such defect" in the notice, and, as such, had no standing to object to the notice in accordance with Graziano. Accordingly, we found no violation.

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