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OM 19-03 City of Central Falls v. Central Falls Detention Facility Corporation - Violation

Through its Solicitor, the City of Central Falls ("Complainant") filed a Complaint alleging that the Central Falls Detention Facility Corporation ("Corporation") violated the Open Meetings Act ("OMA") in relation to an emergency meeting of the Corporation Board of Directors ("Board") that occurred on January 22, 2019. The Complainant alleged that: the emergency meeting was unnecessary; the Board failed to take an affirmative vote on the necessity of the emergency meeting; the Board's actions exceeded the scope of the alleged emergency; the Board erred by taking a vote at the emergency meeting; and the agenda for the January 22 meeting provided insufficient notice.

This Office found that the Corporation violated the OMA because the agenda for the January 22 meeting did not provide sufficient notice of the business to be discussed and because the Board failed to take an affirmative vote on the need for an emergency meeting. This Office requested supplemental submissions addressing: whether the January 22 meeting was necessitated by an unexpected occurrence; whether the meeting was limited to the issue that created the need for an emergency meeting; and why it was not practicable to have provided sooner notice of the January 22 meeting. This Office also sought a supplemental submission regarding whether the violations found (and ones that may be found) were willful or knowing, and the appropriate relief. VIOLATION FOUND.

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