2013 -- S 0331

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LC01049

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - OPEN MEETINGS - SCHOOL

COMMITTEES

     Introduced By: Senators Raptakis, Cote, Cool Rumsey, Walaska, and Lombardi

     Date Introduced: February 13, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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

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Meetings" is hereby amended to read as follows:

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     42-46-6. Notice. -- (a) All public bodies shall give written notice of their regularly

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scheduled meetings at the beginning of each calendar year. The notice shall include the dates,

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times, and places of the meetings and shall be provided to members of the public upon request

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and to the secretary of state at the beginning of each calendar year in accordance with subsection

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(f).

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

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minimum of forty-eight (48) hours before the date. This notice shall include the date the notice

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was posted, the date, time and place of the meeting, and a statement specifying the nature of the

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business to be discussed. Copies of the notice shall be maintained by the public body for a

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minimum of one year. Nothing contained herein shall prevent a public body, other than a school

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committee, from adding additional items to the agenda by majority vote of the members. School

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committees may, however, add items for informational purposes only, pursuant to a request,

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submitted in writing, by a member of the public during the public comment session of the school

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committee's meetings. Said informational items may not be voted upon unless they have been

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posted in accordance with the provisions of this section. Such additional items shall be for

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informational purposes only and may not be voted on except where necessary to address an

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unexpected occurrence that requires immediate action to protect the public or to refer the matter

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to an appropriate committee or to another body or official.

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

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

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

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

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pursuant to subsection (f); provided, that in the case of school committees the required public

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notice shall be requirement shall be met either by being published electronically or on an official

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website maintained by the school committee or the city or town thereof, and/or by being

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published in a newspaper of general circulation in the school district under the committee's

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jurisdiction; publication in either a newspaper and/or the electronic format as aforesaid shall be

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sufficient. Provided, this provision shall not be construed to prevent a school committee from

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publishing the required notice in both a newspaper and in an electronic format, and that if the

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electronic format is exclusively used, the agenda shall be posted in a conspicuous manner and

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placement in each public school in the district. Provided further; however, that ad hoc

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committees, sub committees and advisory committees of school committees shall not be required

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to publish notice in a newspaper; and/or in an electronic format as aforesaid; however, nothing

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contained herein shall prevent a public body from holding an emergency meeting, upon an

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affirmative vote of the majority of the members of the body when the meeting is deemed

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necessary to address an unexpected occurrence that requires immediate action to protect the

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public. If an emergency meeting is called, a meeting notice and agenda shall be posted as soon as

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practicable and shall be electronically filed with the secretary of state pursuant to subsection (e)

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and, upon meeting, the public body shall state for the record and minutes why the matter must be

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addressed in less than forty-eight (48) hours and only discuss the issue or issues which created the

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need for an emergency meeting. Nothing contained herein shall be used in the circumvention of

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the spirit and requirements of this chapter.

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

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

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

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

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

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

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

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

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

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section to circumvent the spirit or requirements of this chapter.

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

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required by this section under the following conditions:

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

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

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

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

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newspaper publication;

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

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

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the meeting;

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

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

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the public aware of this process; and

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

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

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

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of the meeting.

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

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

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

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

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effect.

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

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aggrieved person may file a complaint with the attorney general in accordance with section 42-

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46-8.

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     SECTION 2. This act shall take effect upon passage.

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LC01049

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - OPEN MEETINGS - SCHOOL

COMMITTEES

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     This act would amend the open meetings law by permitting school committees to satisfy

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the publication requirements regarding their meetings through publication on a website

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maintained by the school committee or by publication in a newspaper.

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     This act would take effect upon passage.

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LC01049

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