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OM 18-16 Waring v. Portsmouth Town Council No Violation

The Complainant alleged that the Town Council violated the OMA when the agenda for its September 11, 2017 meeting was insufficiently specific with respect to a sound variance and when the September 11, 2017 meeting minutes were insufficient and/or inaccurate. With respect to the alleged notice defect, we found that the Complainant attended the meeting in question and that he failed to sufficiently articulate how he was aggrieved by the alleged defect. Accordingly, we found that the Complainant was not aggrieved. See R.I. Gen. Laws 42-46-8(a); see also Graziano v. Rhode Island State Lottery Commission, 810 A.2d 215 (R.I. 2002). Even assuming, arguendo, that the Complainant had standing to bring his allegation regarding an insufficient agenda, we found no violation because the agenda item "fairly inform[ed] the public of the nature of the business to be discussed or acted upon[.]" Anolik v. Zoning Board of Review of the City of Newport, 64 A.3d 1171, 1175 (R.I. 2013). With respect to the allegation regarding insufficient meeting minutes, we similarly found no violation because the minutes contained all the requisite information and accurately recorded the Town Council vote. See R.I. Gen. Laws 42-46-7(a).

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