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OM 17-27 de Vries v. Scituate Planning Commission - No Violation

Complainant alleged that the Commission violated the OMA during its March 21, 2017 meeting when it discussed a topic not included on the agenda. Based on the corroborated affidavit and meeting minutes, we found that the Commission Chairman passed out copies of a letter concerning an item not included on the meeting agenda. However, similar to the circumstances in Waltonen v. West Greenwich Town Council, OM 12-02, no collective discussion or further action took place. Because a quorum of the Commission did not collectively discuss or take action with respect to the letter, we found no violation. We also noted that Complainant's rebuttal arguments were either not properly raised in his Complaint or did not implicate the OMA.

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