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OM 17-16 Sparks v. Town of Foster No Violation

The Town of Foster ("Town") did not violate the OMA because, based upon the evidence presented, there was no evidence that a quorum of the Town Council members met outside the purview of a properly noticed meeting and discussed matters over which the Town Council had supervision, control, jurisdiction or advisory power. The Complainant did not provide any evidence to contradict the Town Council members' assertion in their affidavits that no such discussions occurred. The Complainant further alleged the Town's Zoning Board violated the OMA during a meeting when it received a letter requesting that an agenda item be continued. The Complainant did not respond or provide any evidence to counter the Town's argument that he was not aggrieved by this alleged violation since he attended the meeting in question. As such, we found that the Complainant lacked standing to bring this claim. Even if we concluded that the Complainant had standing to bring this claim, we have previously noted that a continuance for a meeting is not governed by the OMA. See Pezzi v. Warwick Zoning Board, OM 06-05.

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