Jessica Marie Purcell v. Clay Johnson Clay Johnson in his capacity as Council Appointee to the Chariho Regional School Committee v. Chariho Regional School Committee

Syllabus

In these petitions in equity in the nature of quo warranto, Jessica Marie Purcell brought an action, seeking a determination by the Supreme Court that Clay Johnson be removed from the Chariho Regional School Committee and ordering the Town Council of the Town of Richmond to appoint Purcell to the School Committee member. Similarly, Johnson brought an action in quo warranto, seeking a determination that he rightfully retain his membership on the School Committee following his appointment to same by the Council. <br><br>Purcell maintained that the General Assembly expressly ratified the entire Charter in section 1 of the relevant public law, and further, that the Chariho Act and the Charter can be read congruently. Purcell argued that if the Chariho Act and the Charter are in conflict, the canons of statutory construction mandate that the Charter prevails because it is more specific than the Chariho Act and that it became effective and is more recent in time than the Chariho Act. Johnson's most emphatic argument was that the vacancy provision of the Charter was not expressly ratified by the General Assembly, because the Chariho Act was not referenced in either section 1 or 2 of the public law ratifying the Charter and therefore, it did not attain the status of a state law.<br><br>The Supreme Court determined that the General Assembly expressly ratified the entire Charter. The Supreme Court concluded that the Charter was more specific than the Chariho Act. Accordingly, Johnson's petition was denied and Purcell's petition was granted. The Court held that Purcell is legally entitled to the office of Chariho Regional School Committee member.