The Complainants alleged that the Narragansett Town Council ("Council") violated the OMA when it discussed, conducted interviews, negotiated the contract, and selected the new Town Manager in a series of eight (8) executive session meetings. Based on this Office's in camera review of the executive session minutes, the Council discussed the applicants and their qualifications during five (5) executive session meetings within the purview of R.I. Gen. Laws § 42-46-5(a)(1). However, during these five (5) executive sessions, the Council also discussed topics related to the Town Manager position, but did not discuss any individual applicants' job performance or qualifications in violation of R.I. Gen. Laws § 42-46-5(a)(1). We also found that during three (3) executive sessions convened pursuant to R.I. Gen. Laws § 42-46-5(a)(1), the Council provided a brief updated regarding the selected applicant's contract negotiations and discussed proposed contract terms, but did not discuss the selected applicant's job performance, character, or qualifications in violation of R.I. Gen. Laws § 42-46-5(a)(1). Additionally, we found the Council violated the OMA in connection with six (6) executive session meetings when it failed to provide evidence that the individual being discussed was provided with the notice required pursuant to R.I. Gen. Laws § 42-46-5(a)(1), and for all eight (8) meetings failed to state in open session and record in the minutes that any persons to be discussed were notified in accordance with R.I. Gen. Laws § 42-46-5(a)(1). Lastly, we found the Council violated the OMA by voting in a number of these executive sessions and failed to disclose certain votes taken in executive session when it reconvened into open session pursuant to R.I. Gen. Laws § 42-46-4(b). We did not find a willful or knowing violation at this time. We instructed the Council to unseal portions of the relevant executive session meetings and to disclose any votes taken during these executive session meetings that were not previously disclosed. VIOLATION FOUND.
