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OM 17-35 Clifford, et al. v. North Smithfield Town Council – Violation

Complainant alleged that an agenda item on the Town Council's July 17, 2017 meeting failed to sufficiently specify "the nature of the business to be discussed." R.I. Gen. Laws § 42-46-6(b). Consistent with Rhode Island Supreme Court precedent, we found that the agenda items "Adoption of 2017/2018 Budget" and "Method of Tax Collection," provided no indication that an amendment of the budget would be discussed, much less that a $100,000 contingency fund would be considered and voted on. Therefore, the Town Council violated the OMA. We instructed that the Town Council should reconsider and re-vote on the matter discussed at its July 17, 2017 meeting at a properly posted future meeting. See Tanner v. Town of East Greenwich, 880 A.2d 784, 802 (R.I. 2005) ("By scheduling, re-noticing, and re-voting on the challenged appointment, the town council, albeit belatedly, was acting in conformity with both the letter and spirit of the avowed purpose of the OMA – to ensure that 'public business be performed in an open and public manner.'").

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