Chapter 134

2005 -- H 5170 SUBSTITUTE A AS AMENDED

Enacted 07/01/05

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - OPEN MEETINGS

Introduced By: Representatives Fox, Ajello, Costantino, Naughton, and Jacquard

Date Introduced: January 25, 2005

It is enacted by the General Assembly as follows:

SECTION 1. Sections 42-46-2 and 42-46-5 of the General Laws in Chapter 42-46

entitled "Open Meetings" are hereby amended to read as follows:

42-46-2. Definitions. -- As used in this chapter:

(a) "Meeting" means the convening of a public body to discuss and/or act upon a matter

over which the public body has supervision, control, jurisdiction, or advisory power. As used

herein, the term "meeting" shall expressly include, without limiting the generality of the

foregoing, so-called "workshop," "working," or "work" sessions.

(b) "Open call" means a public announcement by the chairperson of the committee that

the meeting is going to be held in executive session and the chairperson must indicate which

exception of section 42-46-5 is being involved.

council, bureau, or authority or any subdivision thereof of state or municipal government, or any

library that funded a majority of its operational budget in the prior budget year with public funds,

and shall include all authorities defined in section 42-35-1(b). For purposes of this section, any

political party, organization, or unit thereof meeting or convening is not and should not be

considered to be a public body; provided, however that no such meeting shall be used to

circumvent the requirements of this chapter.

(d) "Quorum," unless otherwise defined by applicable law, means a simple majority of

the membership of a public body.

(e) "Prevailing plaintiff" shall include those persons and entities deemed "prevailing

parties" pursuant to 42 U.S.C. section 1988.

42-46-5. Purposes for which meeting may be closed -- Use of electronic

communications -- Judicial proceedings -- Disruptive conduct. -- (a) A public body may hold

a meeting closed to the public pursuant to section 42-46-4 for one or more of the following

purposes:

(1) Any discussions of the job performance, character, or physical or mental health of a

person or persons provided that such person or persons affected shall have been notified in

advance in writing and advised that they may require that the discussion be held at an open

meeting.

Failure to provide such notification shall render any action taken against the person or

persons affected null and void. Before going into a closed meeting pursuant to this subsection, the

public body shall state for the record that any persons to be discussed have been so notified and

this statement shall be noted in the minutes of the meeting.

(2) Sessions pertaining to collective bargaining or litigation, or work sessions pertaining

to collective bargaining or litigation.

(3) Discussion regarding the matter of security including but not limited to the

deployment of security personnel or devices.

(4) Any investigative proceedings regarding allegations of misconduct, either civil or

criminal.

(5) Any discussions or considerations related to the acquisition or lease of real property

for public purposes, or of the disposition of publicly held property wherein advanced public

information would be detrimental to the interest of the public.

(6) Any discussions related to or concerning a prospective business or industry locating

in the state of Rhode Island when an open meeting would have a detrimental effect on the interest

of the public.

(7) A matter related to the question of the investment of public funds where the

premature disclosure would adversely affect the public interest. Public funds shall include any

investment plan or matter related thereto, including but not limited to state lottery plans for new

promotions.

(8) Any executive sessions of a local school committee exclusively for the purposes (a)

of conducting student disciplinary hearings or (b) of reviewing other matters which relate to the

privacy of students and their records, provided, however, that any affected student shall have

been notified in advance in writing and advised that he or she may require that the discussion be

held in an open meeting.

Failure to provide such notification shall render any action taken against the student or

students affected null and void. Before going into a closed meeting pursuant to this subsection,

the public body shall state for the record that any students to be discussed have been so notified

and this statement shall be noted in the minutes of the meeting.

(9) Any hearings on, or discussions of, a grievance filed pursuant to a collective

bargaining agreement.

(b) No meeting of members of a public body or use of electronic communication shall be

used to circumvent the spirit or requirements of this chapter; provided, however, these meetings

and discussions are not prohibited.

Provided, further however, that discussions of a public body via electronic

communication shall be permitted only to schedule a meeting.

or probate court or municipal court proceedings in any city or town.

(d) This chapter shall not prohibit the removal of any person who willfully disrupts a

meeting to the extent that orderly conduct of the meeting is seriously compromised.

(10) Any discussion of the personal finances of a prospective donor to a library.

SECTION 2. This act shall take effect on September 1, 2005.

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LC00947/SUB A/2

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