2019 -- H 5352

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LC000267

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- OPEN MEETINGS

     Introduced By: Representatives Edwards, Barros, and Bennett

     Date Introduced: February 08, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-46-6 of the General Laws in Chapter 42-46 entitled "Open

Meetings" is hereby amended to read as follows:

     42-46-6. Notice.

     (a) All public bodies shall give written notice of their regularly scheduled meetings at the

beginning of each calendar year. The notice shall include the dates, times, and places of the

meetings and shall be provided to members of the public upon request and to the secretary of

state at the beginning of each calendar year in accordance with subsection (f).

     (b) Public bodies shall give supplemental written public notice of any meeting within a

minimum of forty-eight (48) hours, excluding weekends and state holidays in the count of hours,

before the date. This notice shall include the date the notice was posted; the date, time, and place

of the meeting; and a statement specifying the nature of the business to be discussed. Copies of

the notice shall be maintained by the public body for a minimum of one year. Nothing contained

herein shall prevent a public body, other than a school committee, from adding additional items to

the agenda by majority vote of the members. School committees may, however, add items for

informational purposes only, pursuant to a request, submitted in writing, by a member of the

public during the public comment session of the school committee's meetings. Said informational

items may not be voted upon unless they have been posted in accordance with the provisions of

this section. Such additional items shall be for informational purposes only and may not be voted

on except where necessary to address an unexpected occurrence that requires immediate action to

protect the public or to refer the matter to an appropriate committee or to another body or official.

     (c) Written public notice shall include, but need not be limited to, posting a copy of the

notice at the principal office of the public body holding the meeting, or if no principal office

exists, at the building in which the meeting is to be held, and in at least one other prominent place

within the governmental unit, and electronic filing of the notice with the secretary of state

pursuant to subsection (f); however, nothing contained herein shall prevent a public body from

holding an emergency meeting, upon an affirmative vote of the majority of the members of the

body when the meeting is deemed necessary to address an unexpected occurrence that requires

immediate action to protect the public. If an emergency meeting is called, a meeting notice and

agenda shall be posted as soon as practicable and shall be electronically filed with the secretary of

state pursuant to subsection (f) and, upon meeting, the public body shall state for the record and

minutes why the matter must be addressed in less than forty-eight (48) hours in accordance with

subsection (b) of this section and only discuss the issue or issues that created the need for an

emergency meeting. Nothing contained herein shall be used in the circumvention of the spirit and

requirements of this chapter.

     (d) Nothing within this chapter shall prohibit any public body, or the members thereof,

from responding to comments initiated by a member of the public during a properly noticed open

forum even if the subject matter of a citizen's comments or discussions were not previously

posted, provided such matters shall be for informational purposes only and may not be voted on

except where necessary to address an unexpected occurrence that requires immediate action to

protect the public or to refer the matter to an appropriate committee or to another body or official.

Nothing contained in this chapter requires any public body to hold an open-forum session to

entertain or respond to any topic nor does it prohibit any public body from limiting comment on

any topic at such an open-forum session. No public body, or the members thereof, may use this

section to circumvent the spirit or requirements of this chapter.

     (e) A school committee may add agenda items not appearing in the published notice

required by this section when the item(s) added are for the purposes of discussion only and not

for the purpose of voting upon that item(s), or otherwise under the following conditions:

      (1) The revised agenda is electronically filed with the secretary of state pursuant to

subsection (f), and is posted on the school district's website and the two (2) public locations

required by this section at least forty-eight (48) hours in advance of the meeting in accordance

with subsection (b) of this section;

     (2) The new agenda items were unexpected and could not have been added in time for

newspaper publication;

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     (3) Upon meeting, the public body states for the record and minutes why the agenda

items could not have been added in time for newspaper publication and need to be addressed at

the meeting;

     (4) A formal process is available to provide timely notice of the revised agenda to any

person who has requested that notice, and the school district has taken reasonable steps to make

the public aware of this process; and

     (5) The published notice shall include a statement that any changes in the agenda will be

posted on the school district's website and the two (2) public locations required by this section

and will be electronically filed with the secretary of state at least forty-eight (48) hours in advance

of the meeting in accordance with subsection (b) of this section.

     (f) All notices required by this section to be filed with the secretary of state shall be

electronically transmitted to the secretary of state in accordance with rules and regulations that

shall be promulgated by the secretary of state. This requirement of the electronic transmission and

filing of notices with the secretary of state shall take effect one year after this subsection takes

effect.

     (g) If a public body fails to transmit notices in accordance with this section, then any

aggrieved person may file a complaint with the attorney general in accordance with § 42-46-8.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- OPEN MEETINGS

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     This act would allow school committees to add item(s) to their agendas for the purposes

of discussion only without having to publish notice of the additional item(s).

     This act would take effect upon passage.

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