Attorney General Peter F. Kilmartin announced today that the Office is filing suit in Providence County Superior Court against the Albion Fire District for “a willful or knowing violation” of the Open Meetings Act (OMA). This is the first lawsuit Kilmartin has brought against a public body under his authority as Attorney General, pursuant to Rhode Island’s open government laws.
This lawsuit was filed on behalf of Mr. Ronald J. Beagan, who claimed that the Fire District violated the OMA by posting insufficient agendas for its August 10, 2010 and September 22, 2010 meetings, specifically that the agendas did not contain “a statement specifying the nature of the business to be discussed,” and that the Fire District discussed and/or voted upon many issues at those meetings that were not posted on the agendas.
Following an investigative review, Special Assistant Attorney General Stacey L. Morris issued the findings to Attorney General Kilmartin, who endorsed and released them. They include:
1. That the Albion Fire District knowingly or willfully violated the OMA by failing to properly inform the public of what would be discussed at its August 10, 2010 meeting, because the agenda did not contain a “statement specifying the nature of the business to be discussed” under the topic “New Business.”
2. That the Albion Fire District knowingly or willfully violated the OMA when it discussed and voted on multiple items under the agenda topic “New Business” at its September 21, 2010 meeting without properly informing the public of what would be discussed, because the agenda did not contain a “statement specifying the nature of the business to be discussed.”
“The history and prior findings against the Albion Fire District make it clear the District has failed to take any remedial efforts to address the issue prior to these violations occurring. Had the issues set forth in the previous findings been addressed in a timely manner, it is quite probable that the Fire District would be in compliance and not subject to this lawsuit and possible fine. Proper notification of what will be discussed at a public meeting is intrinsic to open and accessible government,” said Attorney General Peter F. Kilmartin.
There is a separate suit pending before the Superior Court against the Albion Fire District, filed in December 2010 by the Office of the Attorney General on behalf of Mr. Beagan, for posting an insufficient agenda for its May 11, 2010 meeting. Since 2009, the Office has issued six findings involving Mr. Beagan and the Albion Fire District related to multiple complaints.
In 2008, the Office of Attorney General warned the Albion Fire District that the Fire District appeared routinely to discuss multiple items under the agenda items “Old Business” and “New Business,” while the agenda items failed to provide a statement specifying the nature of the business to be discussed. A year later, in another complaint filed by Mr. Beagan concerning the insufficiency of agenda items, the Attorney General’s Office found the Fire District violated the OMA and explained that the posted notice was “grossly inadequate” and that “[a]s to the open session items labeled ‘Old Business’ and ‘New Business,’ for more than the past ten (10) years this Department has found broad agenda items, such as ‘Old Business’ and ‘New Business’ to be insufficient.”
Notwithstanding these prior warnings, in a November 18, 2010 finding, the Office once again found the Fire District in violation of the OMA when its May 11, 2010 agenda contained the items “Old Business” and “Committee Reports” with any further explanation lacking. Considering the previous warnings, a December 6, 2010 supplemental finding determined that the violation was “willful or knowing,” and subjected the Fire District to a maximum $5,000 civil penalty.
Under the OMA, the Superior Court may impose a maximum fine of $5,000 against a public body found to have committed a willful or knowing violation.
Attached please find the finding issued by the office and a copy of the complaint filed in Superior Court.
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