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Duffy Sweeney & Scott Win In Wickford Entered in Case of First Impression
PROVIDENCE, RI (September 7, 2007) – In a July 2007 decision, Rhode Island Superior Court Associate Justice Judith Savage broke new legal ground by adopting a standard for what constitutes a "willful or knowing" violation of the Open Meetings Act. The judgment was entered Wednesday.
The decision came in phase two of the action Ohs v. North Kingstown School Committee, et al. After the first trial, Judge Savage found that the School Committee and its Superintendent violated the notice provisions of the Open Meetings Act when it voted in May 2005 to close the historic Wickford Elementary School.
“The notice for the meeting did not indicate that the Committee would be voting on whether to close Wickford Elementary, and therefore failed to provide the type of notice required by the Open Meetings Act,” stated Stacey Nakasian, partner at Duffy Sweeney & Scott. The Court ultimately agreed, finding after the first trial that the notice "fell woefully short" of the Act's requirement that it describe the nature of the business to be discussed at the meeting.
In the second phase of the case, the plaintiff asked the Court to impose a civil penalty against the defendants pursuant to the Act, which authorizes penalties up to $5000 when a violation is "willful or knowing."
“The Court's recent decision is the first in Rhode Island to address the standard for proving a willful or knowing violation of the Open Meetings Act,” adds Nakasian. “It has far reaching ramifications.”
The Court held that the plaintiff must prove the defendant "knew or showed reckless disregard for the question of whether the notice violated the Open Meetings Act. . . ." The Court found that the notice provided by the School Committee was misleading and could never meet the test of reasonableness and good faith. "The evidence suggests that [the Superintendent] prepared the notice with knowledge that it contained a misrepresentation of material fact. . . and issued the notice with reckless disregard for the question of whether it was likely to deceive or mislead the public . . . ."
The Court imposed the maximum civil penalty, commenting: "[T]here is a crying need, given the history of violation of the Open Meetings Act by the School Committee during Dr. Halley's tenure as Superintendent of Schools, to impose a fine as a way to deter future violations of the Act by the School Committee." However, the Court added that it would vacate the penalty upon proof that the School Committee has adopted a policy within 60 days to comply with the mandates of the Act in the future. The Court also awarded plaintiff attorneys fees pursuant to the statute.
Headquartered in Providence, Duffy, Sweeney & Scott is a boutique firm representing businesses and individuals in all areas of business law, litigation, and intellectual property and technology law. www.duffysweeney.com.
