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OM 17-05 Stranahan v. West Warwick Board of Canvassers No Violation

The Complainant alleged that the BOC violated the OMA when it failed to notice a second BOC meeting on July 20, 2016 and when it posted an insufficient agenda item for the BOC's meeting on August 9, 2016. The Complainant attended both meetings in question. 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). Here, pursuant to 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 the alleged violations. Indeed, this Department's review of the audio recording of the August 9, 2016 meeting indicated nothing that could be fairly construed to show that the Complainant was unprepared for or unable to respond to the agenda items discussed. As such, the Complainant had no standing to object. Accordingly, we found no violation.

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