Attorney General To Weigh In On Open Meetings Law For Subcommittees, Interviews Rescheduled

Interviews for the final candidates seeking to lead the Woonsocket Education Department were postponed this week as the School Committee awaits advice from the Rhode Island Attorney General regarding whether or not the process is subject to the Open Meetings Act (OMA.)

OMA is a chapter of the Rhode Island General Laws designed to ensure that government actions are conducted in an open manner to allow public participation in government. Department Attorney Richard Ackerman has said he is unsure if the "search sub-committee" responsible for choosing the city's new superintendent is a public body falling under OMA jurisdiction and has contacted state Attorney General Peter Kilmartin's office for advice on how to proceed.

The move marks the latest chapter in what has been a in finding a replacement for Dr. Robert Gerardi, who left Woonsocket for a position in Maynard, MA at the end of June. Phongsavanh has called the process "undemocratic" alleging that the 16 member was "hand picked," and that OMA requirements, including keeping minutes for public meetings and posting meeting agendas, have been violated.

"I'm in my eighth year on the School Committee and I've never seen a subcommittee have to post a meeting agenda and take minutes," said Committee Chairman Marc Dubois.

Though Dubois, on advice from Ackerman, believes the subcommittee's actions do not fall under OMA guidelines, the interviews, he said, were cancelled out of "an abundance of caution." The department has posted the agenda for the , which are now scheduled for Thursday, and plans to keep minutes.

The process has been implemented by Committee members Eleanor Nadeau and Linda Majewski as part of their duties as the sub-committee responsible for personnel decisions.

"There's no policy or guidelines as to how the personnel subcommittee operates. There's no policy as to how the names are picked. It has always been at the discretion of the subcommittee," explained Dubois.

The procedures for hiring new superintendents vary between cities and towns in the US, and each municipality is responsible for implementing its own policy. In Cumberland, for example, the process was contracted to an outside vendor. In Maynard, MA, meanwhile, where Gerardi was recently hired, the candidates were put through a rigorous process which included visits to schools, discussions with community members and public interviews. 

In an email dated July 26, Ackerman responded to Phongsavanh's email asking if the subcommittee was subject to OMA guidelines stating, "The answer depends on the nature of the duties and authority of the search committee and the extent of its advisory power.  That analysis requires specific information. However, based on what I have gleaned about the activities of the search committee, it likely would be considered a public body and within the jurisdiction of the OMA."

Ackerman continues, "If the search committee is subject to the Open Meetings Act then it must comply with all of said Act's provisions, such as posting of agendas and record keeping."

Phongsavanh has also requested documents including a list of candidates who were granted an interview, their resumes, and notes from the search subcommittee meeting. The committeewoman was sent minutes from the three meetings held to date, but was told she does not have the right to view candidate resumes.

"Under that Act some documents are public and therefore accessible and some documents are not accessible because privacy rights outweigh the right of the public to access the information.  Thus a resume in the possession of a public body may not be accessible if it contains personally identifiable information," said Ackerman.

"They seem to want me to vote blindly with their recommendation," Phongsavanh said of the decision.

The interviews for the three finalists are expected to be held at 5 p.m. on Thursday in a meeting at the McFee Administration building. The meeting is expected to be held in executive session.