Central Falls Zoning Board Dinged For Not Posting Minutes

CENTRAL FALLS, RI — The Central Falls Zoning Board of Review violated the state's Open Meetings Act when it failed to post minutes to the Secretary of State's website within 35 days of several of its meetings, Attorney General Peter F. Neronha has ruled.

However, there is no evidence the failure was intentional, so there is no need for injunctive relief, wrote Special Assistant Attorney General Kayla E. O'Rourke in her April 5 decision.

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An attorney for Western Oil, Inc. had filed a complaint with Neronha's office alleging that Zoning Board minutes from Sept. 2, Sept. 16, Sept. 23, Sept. 30, and Oct. 7 were not posted in a timely manner, and that unofficial minutes were not made available — as required by state law — at the next regular meeting.

The complaint was filed after the Zoning Board of Review on Oct. 7 denied an application from Western Oil for a height variance and special use permit to construct nine 30,000-gallon above-ground storage tanks at its 1 Duchess Way facility. At the time, numerous individuals went on record to oppose the project, including then-mayor James Diossa, various city councilors, state lawmakers, and local residents. The board's vote against the project was unanimous.

Andrew G. Blais, the lawyer for Western Oil, claimed that the zoning board's failure to post minutes worked against his client, and asked the Neronha's office to overturn the zoning board denial. The AG's office declined to do so "given the nature of the violations found herein and the totality of the circumstances."

The board did finally provide the minutes to Western Oil on Feb. 19 after the company filed a request under the state's Access to Public Records Act. The minutes in question have since been posted to the Secretary of State's website, and the board took measures to avoid future infractions, the ruling noted.

A lawyer for the city, Atty. Nicholas J. Hemond, wrote in response to the OMA complaint that the board did not intend to deliberately delay posting the minutes to prejudice the Western Oil application.

The board's inactions "can be characterized as accidental," Hemond wrote. "Any delays in the drafting, review, approval and posting of the Meetings' minutes resulted from the Board and the Planning Department Staff's significant backlog of work."

The board and planning staff have since reviewed their procedures, timelines, and staffing responsibilities to avoid future delays, Hemond wrote.

Representatives from Western Oil were present at the meetings, the AG's office noted. Company vice president Jared Raftery and William Delaney, an attorney representing the applicant, were on hand and fielded questions, the minutes reflect.

Nevertheless, the law states that all public bodies shall keep minutes of their open meetings and file a copy with the secretary of state for inspection by the public within 35 days. The OMA also requires that unofficial minutes be made available to the public in person within 35 days or at the body's next regular meeting, whichever is sooner.