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OM 19-06 Gutierrez v. New Shoreham School Committee – No violation

The Complainant alleged that the School Committee violated the OMA by discussing her employment contract in executive session at its July 16, 2018 meeting without providing her notice and an opportunity to have the discussion occur in open session. The School Committee provided an affidavit from the former Superintendent attesting that the School Committee did not discuss Complainant's job performance or individual contract during the executive session, and also provided a copy of the executive session minutes for our in camera review. Based on the totality of the evidence presented, this Office found no evidence to rebut the evidence submitted by the School Committee or to support Complainant's contention that the School Committee discussed her job performance at the July 16, 2018 executive session. Accordingly, the School Committee was not required to provide notice pursuant to R.I. Gen. Laws § 42-46-5(a)(1), and we found no violation.

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