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OM 20-46 Pierson v. Coventry Boards – Violation found

Complainant alleges that the Board of Canvassers violated the OMA and the Governor's Executive Order when it held an in-person meeting on July 13, 2020 without providing adequate alternative means of public access. Likewise, the Complainant alleges the Municipal and Police Pension Boards held joint, in-person meetings on June 1, 2020 and July 27, 2020 without providing adequate alternative means of public access in accordance with the Governor's Executive Order. The Complainant also alleges that the Municipal and Police Pension Boards violated the OMA when the minutes for the June 1, 2020 and July 27, 2020 joint meetings failed to list the members of the Boards who were present or absent. The Board of Canvassers, as well as the Municipal and Police Pension Boards, concede that they did not provide adequate, alternative means of public access to their respective June 1, 2020, July 13, 2020, and July 27, 2020 meetings as required by the pertinent Executive Order. Therefore, we found that the Boards did not comply with the Governor's Executive Orders modifying the OMA. Additionally, the Municipal and Police Pension Boards further concede that the minutes for their June 1, 2020 and July 27, 2020 joint meetings failed to include a record of the Board members present or absent. Accordingly, we found that the Municipal and Police Pension violated the OMA in this regard. Based on the record before us, we did not find injunctive relief to be appropriate in connection with the July 13, 2020 Board of Canvassers meeting. We directed the Municipal and Police Pension Boards to take measures to identify and disclose the members of the Municipal and Police Pension Boards who were present or absent at the June 1, 2020 and July 27, 2020 meetings. We did we find evidence of a willful or knowing violation. VIOLATION FOUND

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