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OM 20-43 DiOrio v. Hopkinton Town Council

The Complainant alleged that the Town Council violated the OMA when it convened a meeting using telephonic means on April 6, 2020 and the agenda items did not constitute an "essential purpose" within the meaning of the Governor's Executive Order 20-05. It is undisputed that the Executive Order provision at issue in this matter is no longer in effect and has been replaced by a broader, still-existing provision that would now permit the challenged conduct. We did not find it necessary to consider the merits in this matter because the "essential purpose" provision at issue is no longer in effect. Additionally, even assuming the Town Council meeting was improper, we did not find that injunctive relief would be appropriate, nor did we find evidence that the meeting would have constituted a willful or knowing violation that would warrant civil penalties.

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