PORTSMOUTH — The Portsmouth Parks and Recreation Committee violated the state’s Open Meetings Act by repeatedly failing to post meeting minutes on time and delaying public access to information about its work — including discussions of a proposed disc golf course, the Rhode Island Attorney General’s Office ruled.

The decision, released Thursday, Dec. 11, followed a complaint filed by resident Thomas Pening, who lives in Glen Park, where the disc golf course had been proposed.

Committee Chairman David Fiorillo said he acknowledged the delays but emphasized the problem was corrected once it came to his attention.

“I do acknowledge that the meeting minutes weren’t filed in a timely manner, but as soon as I realized that I filed them as soon as possible,” Fiorillo said. 

The attorney general’s office declined to impose penalties or seek court action after determining that the committee has since brought its records into compliance. Investigators said the delays did not appear to be willful or intentional.

Pening’s complaint alleged that the committee “consistently failed” to file minutes within the 35-day deadline required by state law. He reviewed 16 meetings and reported long delays in posting minutes — with some missing entirely — for sessions held June 26, Aug. 21, Sept. 18 and Oct. 16.

State law requires public bodies to keep written minutes and make them available to the public within 35 days or by the next meeting, whichever comes first. A copy must also be filed with the Rhode Island secretary of state within the same time frame.

The complaint came amid controversy over a proposed disc golf course in Glen Park. The Portsmouth Town Council voted 4-3 on Sept. 8 to approve the course for a two-year trial period, then voted 4-3 on Nov. 24 to rescind that decision after hearing additional complaints from residents near the park.

In its response to the complaint, the committee acknowledged the missed deadlines. Town Solicitor Giovanni Cicione, writing on the committee’s behalf, said the delays were caused by volunteer shortages and vacancies in key positions.

Fiorillo submitted an affidavit explaining that limited participation and unfamiliarity with open-government requirements created bottlenecks in preparing and uploading minutes. He later said one delay stemmed from a request to revise draft minutes.

“One of our committee members wanted to amend the meeting minutes, so I held them back,” Fiorillo said. “We still don’t have a secretary, so I’m doing double duty on our committee.”

Fiorillo said the committee has always strived to be transparent. “All our agendas were posted on time in the six years I’ve been chair,” he said.

After learning of the complaint, Fiorillo said he posted all outstanding minutes by Oct. 31. The attorney general’s office confirmed the records are now available on the secretary of state’s website.

No willful violation

Because the committee corrected the violations, the attorney general’s office declined to seek an injunction or impose fines, which can reach $5,000 if a violation is found to be willful or intentional. Investigators said the delays appeared to result from confusion and understaffing rather than an attempt to withhold information.

Fiorillo said he was relieved by that finding. He said he was glad the office did not fine the committee or conclude that the violations were intentional “because that certainly wasn’t the case.”

The ruling noted that volunteer boards often face challenges but must still comply with the law. It also warned that similar violations in the future could be considered willful.

The committee told the state it is working to fill vacancies, reestablish officer roles and consider new procedures to prevent future delays. The attorney general’s office said those efforts weighed against finding a deliberate violation.

The ruling also clarified that public bodies may — and in some cases must — post minutes before they are formally approved, as long as they note that revisions may follow. The office encouraged committee members to watch its annual Open Government Summit training.

Other boards guilty?

During a recent town council meeting, Fiorillo raised concerns that other town boards have also struggled to keep minutes current.

“I wasn’t trying to throw anyone under the bus,” he said. He said the issue arose after town council member Mary McDowell included material accusing the parks and recreation committee of failing to file minutes on time as part of her backup documentation on the disc golf proposal.

“My whole point in making that statement is that Mary likes to say she does her homework and … she single-handedly pointed out our committee,” Fiorillo said. “I did my homework and found other boards were not filing minutes in a timely fashion, either.”

“We’re not all perfect. We’re all volunteers,” he said.

Lawsuit still possible

Although the attorney general’s office closed the case, Pening may still file a lawsuit in Superior Court. State law allows private actions within 90 days of the attorney general’s decision or within 180 days of the alleged violation.

Attorney General Peter Neronha thanked both parties, saying the complaint helped reinforce transparency and accountability in public bodies.

When asked if he ever felt like quitting the committee over the controversy, Fiorillo said not for a second. “It only reinvigorates me to keep moving forward,” he said.

As for the fate of disc golf in Portsmouth, Fiorillo said the committee is still searching for another suitable location with the two local men behind the idea, Roderick Dubay and Dan Maher.

“I wouldn’t say it’s officially gone,” he said, adding he remains open to input from town council members and residents.