The Rhode Island Commerce Corp. (the new name for the RI Economic Development Corp.) voted on Monday behind closed doors on legal matters related to its lawsuit against 38 Studios and a law recently passed in both houses of the state assembly that would allow it to settle the matter out of court.
But members of the Commerce Corp. decided to use a special rule that allowed them to avoid disclosing specifics of the votes; members voted unanimously to keep the "votes" taken "confidential, so as not to jeopardize any strategy, negotiation or investigation undertaken with respect thereto," according to the Providence Journal.
While Rhode Island's open meetings law requires votes taken in a closed session to be disclosed when the session is reopened, there’s a loophole that allows those votes not to be disclosed for "the period of time" that such disclosure could jeopardize such strategy.
The Commerce Corp. filed the lawsuit on behalf of the state against 14 defendants in November 2012, just a few months after former Red Sox pitcher Curt Schilling’s 38 Studios, filed for bankruptcy after missing a payment on a $75 million loan.
There's still no word on whether the state is any closer to a settlement, despite passing a law that removes some liabilities from defendants in the event that they decide to come to an agreement out of court.
We will continue to follow this story as it develops.
Source: Providence Journal