In response to a complaint brought by former City Councilman Robert Cushman, the Attorney General has found that the city Retirement Board violated the Open Meeting Act when it failed to appropriately post a March 4 meeting and when went into a closed session on March 18.

According to the law, the board failed to give a 48-hour notice of the meeting. A notice was posted 24 hours before the meeting.

A release issued by the Attorney General states, “Based on the totality of the circumstances, we have concerns that the violations found may be willful or knowing.”

It goes on to say, “Before reaching a conclusion on whether the Board knowingly or willfully violated the OMA by holding its March 4, 2015 meeting on less than forty-eight (48) hours notice and by discussing matters in closed session that were not appropriate under the exemption cited, we will allow the Board ten (10) business days from the receipt of this finding to address these issues.”

According to Mayor Scott Avedisian the posting of the March 4 meeting was a clerical error and that no action was taken at the closed meeting on March 18. He said the report of the city’s actuary was discussed at the closed meeting before it was presented to the City Council.

In a telephone call last week, Cushman reasoned that had the public been aware that the actuary would later appear before the council, he and others would have reviewed material and come prepared to ask questions.

The mayor said in an email, “I believe that the Retirement Board admits that a staff error did not allow for 48 hours notice. And while the meeting should not have happened we will remind all those responsible for posting meetings the proper notice requirements again.”

As for whether the action was deliberate, the Attorney General said, “a supplemental finding will follow.”