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OM 18-12 Spodnik v. West Warwick Town Council No Violation

The Complainant alleged the West Warwick Town Council violated the OMA when the agenda for its January 16, 2018 meeting was posted less than forty-eight (48) hours in advance of the meeting in violation of R.I. Gen. Laws 42-46-6(b). 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, it was unclear how the alleged violation specifically disadvantaged the Complainant. This Department found that the Complainant was not an "aggrieved" party and therefore did not have standing to allege the OMA violation. See Ayotte v. Rhode Island Commission on the Deaf and Hard of Hearing, OM 17-12; Novak v. Western Coventry Fire District, OM 18-11.

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