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OM 20-07 Lopez v. Westerly Housing Authority – Violation found

The Complainant alleged that the Board violated the OMA when it discussed his job performance during executive session at its April 9, 2019 meeting without prior notification to him pursuant to R.I. Gen. Laws § 42-46-5(a)(1). It was undisputed that the Board did not provide the requisite notice to the Complainant of his rights pursuant to R.I. Gen. Laws § 42-46-5(a)(1). Accordingly, the Board violated the OMA. We did not find injunctive relief appropriate because the Complainant was present during the April 9 executive session discussion, the vote of "No Confidence" took place during open session, and the Board re-noticed and re-discussed the Complainant's job performance at a subsequent meeting. Based on the evidence presented, we did not conclude that the Board's conduct rose to the level of a willful or knowing violation. VIOLATION FOUND.

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