Chapter 328

2006 -- S 2312 AS AMENDED

Enacted 07/04/06

A N A C T

RELATING TO OPEN MEETINGS

Introduced By: Senator Daniel J. Issa

Date Introduced: February 02, 2006

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

(e).

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

minimum of forty-eight (48) 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. 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 (e); provided, that in the case of school committees the required public

notice shall be published in a newspaper of general circulation in the school district under the

committee's jurisdiction; however, ad hoc committees, sub committees and advisory committees

of school committees shall not be required to publish notice in a newspaper; 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 (e)

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 and only discuss the issue or issues which 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) A school committee may add agenda items not appearing in the published notice

required by this section under the following conditions:

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

subsection (e), 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;

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

newspaper publication;

      (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 web site 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.

      (e) 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 which

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 (1) year after this subsection takes

effect.

      (f) 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 section 42-

46-8.

     SECTION 2. This act shall take effect upon passage.

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LC01344

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