SOUTH KINGSTOWN — Superior Court Judge O. Rogeriee Thompson has ordered the Chariho Regional School Committee to reinstate William Felkner until it properly votes on whether to allow him to serve on the school board while seated as a member of the Hopkinton Town Council.

Thompson enjoined the school board from enforcing its Nov. 18 decision, based on a finding by Chariho Solicitor Jon M. Anderson, that when Felkner took the oath of office as a Town Council member the evening before, he in effect gave up his seat on the School Committee.

Although the Nov. 18 school board meeting was properly advertised, there was no public notice that the board was considering a vote on whether Felkner could continue to serve.

A majority on the board, made up of four members each from Charlestown and Hopkinton and three members from Richmond, refused to let Felkner speak, vote or meet with them in executive session, saying they considered him a member of the public. By another majority vote without allowing him to speak or vote, the board voted that he be escorted from the meeting by a Richmond police officer.

At the school board’s December meeting, Felkner and his lawyer, Nicholas Gorham, were allowed to argue why Felkner should continue to serve, but a majority defeated any effort to reinstate him.

Yesterday, Thompson used the Open Meetings Act to order a do-over, this time telling the school board to advertise a planned vote on Felkner’s membership, invite the state attorney general’s participation and allow Felkner to speak and vote. His vote will be recorded but not necessarily counted, Thompson told the lawyers. On Jan. 15, she will consider where the case stands and make a ruling if necessary, they said.

Each side claimed victory.

“We contended that the School Committee hadn’t complied with the Open Meetings Act and, at least in that respect, we’ve been vindicated,” Gorham said.

Anderson said Thompson did not find the school board had violated the Open Meetings Act; she used the act in granting her temporary restraining order, he said. He said he was very pleased that the judge hadn’t decided whether the school board had the authority to unseat a member.

Gorham was ordered to file a brief on allowing Felkner to hold the two positions, and Anderson was to file a brief in response. Meanwhile, Anderson was to write to the attorney general inviting his participation.

“It’s good to be back on the committee,” Felkner said, calling the restraining order “one step closer to vindication.”

Thompson also said Felkner could attend today’s informational meeting on the Chariho budget.

Under her decision, Felkner is to be considered a full member of the committee.

dnaylor@projo.com