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OM 19-43 Corrigan v. State Labor Relations Board - Violation Found

The Complainant alleged that the Board violated the OMA when it convened into executive session to discuss legal issues that arose during the public meeting without taking an "open call" vote or notifying the public at least 48-hours in advance of its intention to do so. The Complainant also alleged that the Board failed to disclose any votes taken during the executive session when it reconvened into open session. Based on our review of the evidence submitted, we found that a collective discussion among four (4) Board members regarding a matter over which the Board had supervision, control, jurisdiction or advisory power occurred outside the public purview and thus violated the OMA. Because there was no evidence that the Board's recess was convened pursuant to any executive session exception, we did not find that the Board violated the OMA by not immediately disclosing any votes taken during this collective discussion, and determined that any issues in this regard were captured in our finding of a violation. We did not find evidence to support a willful or knowing violation, nor we did find injunctive relief appropriate. VIOLATION FOUND.

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