2015 -- S 0719

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LC001875

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - OPEN MEETINGS

     

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: March 18, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 42-46-6 and 42-46-7 of the General Laws in Chapter 42-46

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entitled "Open Meetings" are 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, excluding weekends and state holidays in the count of hours,

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before the date commencement time of the meeting. 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); however, nothing contained herein shall prevent a public body from

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

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

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

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

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

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

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42-46-6(b) and only discuss the issue or issues which created the need for an emergency meeting.

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Nothing contained herein shall be used in the circumvention of the spirit and requirements of this

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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 in accordance

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with § 42-6-6(b) ;

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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 in accordance with § 42-46-6(b).

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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 § 42-46-8.

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     42-46-7. Minutes. – Minutes and audio recordings. -- (a) All public bodies shall keep

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written minutes of all their meetings. The minutes shall include, but need not be limited to:

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      (1) The date, time, and place of the meeting;

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      (2) The members of the public body recorded as either present or absent;

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      (3) A record by individual members of any vote taken; and

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      (4) Any other information relevant to the business of the public body that any member of

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the public body requests be included or reflected in the minutes.

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      (b) (1) A record of all votes taken at all meetings of public bodies, listing how each

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member voted on each issue, shall be a public record and shall be available, to the public at the

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office of the public body, within two (2) weeks of the date of the vote. The minutes shall be

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public records and unofficial minutes shall be available, to the public at the office of the public

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body, within thirty-five (35) days of the meeting or at the next regularly scheduled meeting,

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whichever is earlier, except where the disclosure would be inconsistent with §§ 42-46-4 and 42-

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46-5 or where the public body by majority vote extends the time period for the filing of the

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minutes and publicly states the reason.

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      (2) In addition to the provisions of subdivision (b)(1), all volunteer fire companies,

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associations, fire district companies, or any other organization currently engaged in the mission of

 

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extinguishing fires and preventing fire hazards, whether it is incorporated or not, and whether it is

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a paid department or not, shall post unofficial minutes of their meetings within twenty-one (21)

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days of the meeting, but not later than seven (7) days prior to the next regularly scheduled

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meeting, whichever is earlier, on the secretary of state's website.

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      (c) The minutes of a closed session shall be made available at the next regularly

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scheduled meeting unless the majority of the body votes to keep the minutes closed pursuant to

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§§ 42-46-4 and 42-46-5.

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      (d) All public bodies within the executive branch of the state government and all state

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public and quasi-public boards, agencies and corporations, and those public bodies set forth in

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subdivision (b)(2), shall keep official and/or approved minutes of all meetings of the body and

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shall file a copy of the minutes of all open meetings with the secretary of state for inspection by

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the public within thirty-five (35) days of the meeting; provided that this subsection shall not apply

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to public bodies whose responsibilities are solely advisory in nature.

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      (e) All minutes and unofficial minutes required by this section to be filed with the

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secretary of state shall be electronically transmitted to the secretary of state in accordance with

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rules and regulations which shall be promulgated by the secretary of state. If a public body fails to

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transmit minutes or unofficial minutes in accordance with this subsection, then any aggrieved

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

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     (f) All public bodies shall make electronic audio recordings of all open and closed

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meetings to be on permanent file. The electronic audio recordings of open meetings shall be a

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public record and shall be made available to the public on electronic file disk for a fee not to

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exceed one dollar ($1.00), at the office of the public body. The electronic audio recordings of a

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closed session shall be made available to the public on electronic file disk for a fee not to exceed

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one dollar ($1.00), at the office of the public body, after the next regularly scheduled meeting

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unless the majority of the body votes to keep the minutes closed pursuant to §§ 42-46-4 and 42-

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46-5.

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     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 exclude weekends and state holidays from the calculation of the forty-

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eight (48) hour public notice requirement, and require audio recordings to be made of all open

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and closed meetings of public bodies.

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     This act would take effect upon passage.

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