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Lincoln council moves to executive session over litigation, seals minutes and authorizes solicitor
Summary
The Lincoln Town Council voted Oct. 20 to adjourn into executive session to discuss pending litigation (Town of Barrington et al. v. the state and Mercurial v. Lincoln), voted to seal the executive minutes and directed the town solicitor to act on matters discussed there.
The Lincoln Town Council on Monday voted to adjourn into an executive session to discuss pending litigation and later approved sealing the executive-session minutes and authorizing the town solicitor to carry out directions given during the closed session. Chair (S2) opened the meeting at 7:05 p.m. and moved the council into executive session "pursuant to Rhode Island General Law 42-46-5(a)(2)," specifying litigation involving "Town of Barrington et al. versus the state" and "Mercurial versus Lincoln."
The chair stated, "So moved. Motion by councilman Olney, second by councilman Pochette," and the body took a roll call. Council members recorded affirmative votes for the motion to go into executive session. After the closed session, the council voted to seal the executive-session minutes under Rhode Island General Law 42-46-7(c); that motion was moved by Councilman Oni and seconded by Councilor Azar, and recorded roll-call votes were affirmative.
The council also voted to have the solicitor "act as directed in executive session." The chair introduced that motion, which was moved by Councilman Oni and seconded by Councilor Azar; the roll call produced affirmative votes in support. The council did not disclose substantive details of the litigation or the actions authorized to the solicitor in the public portion of the transcript.
By statute, executive sessions for litigation may be held under R.I. Gen. Laws ch. 42-46 when public discussion would compromise the town’s litigation posture; sealing minutes under R.I. Gen. Laws 42-46-7(c) preserves confidentiality unless release is later ordered. The council’s public actions on Monday were procedural: moving into the closed session, approving the sealing of the minutes and authorizing the solicitor to proceed consistent with the executive-session discussion.
No additional public details about the litigation or solicitor directives were provided in the excerpted meeting transcript. The council proceeded to preview other agenda items, including permit and development matters, after completing the votes for the executive-session actions.
