Chapter 453

2006 -- H 7588

Enacted 07/07/06

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- OPEN MEETINGS

Introduced By: Representatives Lally, Kilmartin, Carter, Corvese, and Petrarca

Date Introduced: February 16, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 42-46-2 and 42-46-6 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.

      (c) "Public body" means any department, agency, commission, committee, board,

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.

(f) "Open forum" means the designated portion of an open meeting, if any, on a properly

posted notice reserved for citizens to address comments to a public body relating to matters

affecting the public business.

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) (f).

      (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. 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) (f); 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)

(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 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) 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.

(d) (e) 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) (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;

      (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) (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 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) (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 section 42-

46-8.

     SECTION 2. This act shall take effect upon passage.

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LC02449

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