2016 -- H 7825

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LC004935

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- OPEN MEETINGS

     Introduced By: Representatives Marcello, Hearn, Nunes, Ackerman, and Costantino

     Date Introduced: March 03, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 42-46-1, 42-46-2, 42-46-4, 42-46-5, 42-46-6, 42-46-7, 42-46-8,

42-46-11 and 42-46-13 of the General Laws in Chapter 42-46 entitled "Open Meetings" are

hereby amended to read as follows:

     42-46-1. Public policy. -- It is essential to the maintenance of a democratic society that

public business be performed in an open and public manner and that the citizens be advised of

and aware of the performance of public officials and the deliberations and decisions that go into

the making of public policy. Advances in technology should be used to allow and enable the

public increased opportunities to observe the performance and deliberations of their public

officials as well as to provide greater access to material used in the course of the making of public

policy.

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

      (1) "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" expressly includes, without limiting the generality of the foregoing,

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

     (2) "Joint meeting" shall mean the convening of two (2) or more public bodies to discuss

and/or act upon a matter over which the public bodies have supervision, control, jurisdiction, or

advisory power. As used herein, the term "meeting" expressly includes, without limiting the

generality of the foregoing, so-called "workshops," "working," or "work," sessions, or "retreats".

      (2)(3) "Open call" means a public announcement by the chairperson of the committee

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

which exception of § 42-46-5 is being involved.

      (3)(4) "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 at least twenty-five percent (25%) of its operational budget in the prior budget

year with public funds, and shall include all authorities defined in § 42-35-1(b). As used herein,

the term "public body" expressly includes, without limiting the generality of the foregoing, so-

called "advisory panels," "review panels," "review committees," or "task forces." 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.

      (4)(5) "Quorum", unless otherwise defined by applicable law, means a simple majority

of the membership of a public body. For purposes of this section, ex officio non-voting members

and members of a public body who have recused pursuant to §§36-14-5 and 36-14-6 shall not be

included in calculating whether a public body meets a quorum.

     (5) "Prevailing plaintiff" includes those persons and entities deemed "prevailing parties"

pursuant to 42 U.S.C. § 1988.

      (6) "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.

     (7) "Rolling quorum" means any series of gatherings of members of a public body at

which:

     (i) Less than a quorum is present, whether in person or by means of electronic

communication, at any individual gathering;

     (ii) The members of the public body attending one or more of the gatherings collectively

constitute a quorum; and

     (iii) The series of gatherings was held to discuss and/or act upon a matter over which the

public body has supervision, control, jurisdiction, or advisory power.

     (8) "Recordation" means the recording of the sound or video of an open meeting by use

of any electronic device designed to capture audio, photographs, or video of the public body.

     (9) "Ceremonial speech or comment" means any comment or speech made by a member

of a public body meant to express thanks, condolences, or other expressions of good will,

fellowship, or fraternity.

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     42-46-4. Closed meetings. -- (a) By open call, a public body may hold a meeting closed

to the public upon an affirmative vote of the majority of its members. A meeting closed to the

public shall be limited to matters allowed to be exempted from discussion at open meetings by §

42-46-5. The vote of each member on the question of holding a meeting closed to the public and

the reason for holding a closed meeting, by a citation to a subdivision of § 42-46-5(a), and a

statement specifying the nature of the business to be discussed, shall be recorded and entered into

the minutes of the meeting. No public body shall discuss in closed session any public matter

which does not fall within the citations to § 42-46-5(a) referred to by the public body in voting to

close the meeting, even if these discussions could otherwise be closed to the public under this

chapter.

      (b) All votes taken in closed sessions shall be disclosed once the session is reopened;

provided, however, the specific a vote taken in a closed session need not be disclosed only if, and

for the period of time during which, its disclosure would jeopardize any strategy, negotiation or

investigation undertaken pursuant to discussions conducted under § 42-46-5(a).; provided, further

however, the public body must disclose that a vote did occur. The subject and results from a vote

not disclosed at a meeting shall be disclosed at the next regularly scheduled meeting of the public

body unless the public body takes a vote in a properly noticed closed session pursuant to §42-46-

5 affirming that disclosure of the vote would continue to jeopardize a strategy, negotiation or

investigation exempt from disclosure under §42-46-5(a) and announces in public that such a vote

was taken.

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

communications -- Judicial proceedings -- Disruptive conduct Purposes for which meeting

may be closed. -- (a) A public body may hold a meeting closed to the public pursuant to § 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) Meetings or work sessions Sessions pertaining to collective bargaining; provided,

however, a public body may not enter closed sessions for purposes of or litigation, or work

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sessions pertaining to collective bargaining or litigation discussion with a representative for a

group of employees.

      (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, provided a public body may not

enter closed sessions for purposes of hiring a real estate firm or company.

      (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 closed sessions of a local school committee exclusively for the

purposes:

     (i) of conducting student disciplinary hearings; or

     (ii) of reviewing other matters which relate to the privacy of students and their records,

including all hearings of the various juvenile hearing boards of any municipality; 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.

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

     (11) Meetings to discuss actual or imminent litigation. For purposes of this section, a

public body may only enter closed session for discussions regarding actual or imminent litigation

concerning the public body or persons employed by the public body. Mere presence of the public

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body's legal counsel does not satisfy the requirements for a closed session. In citing to this

subsection, the public body shall list the names of all parties to the litigation as set forth in the

case caption, the case number, and court or administration agency where the matter is being

litigated.

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

including telephonic communication and telephone conferencing, shall be used to circumvent the

spirit or requirements of this chapter; provided, however, these meetings and discussions are not

prohibited.

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

communication, including telephonic communication and telephone conferencing, shall be

permitted only to schedule a meeting.

      (2) Provided, further however, that a member of a public body may participate by use of

electronic communication or telephone communication while on active duty in the armed services

of the United States.

      (3) Provided, further however, that a member of that public body, who has a disability as

defined in chapter 87 of title 42 and:

      (i) Cannot attend meetings of that public body solely by reason of his or her disability;

and

      (ii) Cannot otherwise participate in the meeting without the use of electronic

communication or telephone communication as reasonable accommodation, may participate by

use of electronic communication or telephone communication in accordance with the process

below.

      (4) The governor's commission on disabilities is authorized and directed to:

      (i) Establish rules and regulations for determining whether a member of a public body is

not otherwise able to participate in meetings of that public body without the use of electronic

communication or telephone communication as a reasonable accommodation due to that

member's disability;

      (ii) Grant a waiver that allows a member to participate by electronic communication or

telephone communication only if the member's disability would prevent him/her from being

physically present at the meeting location, and the use of such communication is the only

reasonable accommodation; and

      (iii) Any waiver decisions shall be a matter of public record.

      (c) This chapter shall not apply to proceedings of the judicial branch of state government

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

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      (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.

     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

(f). If the dates, times, or places of the regularly scheduled meetings are changed during the

calendar year, the public body shall update the written notice and refile them with the secretary of

state in accordance with subsection (f) of this section.

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

minimum of forty-eight (48) hours, excluding weekends and state holidays before the date of the

meeting. 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. Said 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 (f); 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

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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. This supplemental

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.

      (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. Copies of the supplemental notice

shall be maintained by the public body for a minimum of one year in a format that allows for their

physical retrieval.

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

required by this section under the following conditions: Nothing contained herein shall prevent a

public body from adding additional items to the agenda by majority vote of the members;

provided, however, such items shall not be used to circumvent the notice requirement of

subsection (b) of this section. Such additional items shall be for informational purposes only and

may not be voted on except when 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.

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

subsection (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

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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.

      (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 year after this subsection takes

effect. Written public notice shall include, but need not be limited to, posting a copy of the

supplemental 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 supplemental notice

with the secretary of state and making a copy available on the public body's website if such a

website is maintained.

      (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 § 42-46-8.

Beginning January 1, 2018, all public bodies shall post with their electronic filing with the

secretary of state all public documents to be discussed at the noticed meeting.

     42-46-7. Minutes. -- (a) All public bodies shall keep written minutes of all their

meetings. The minutes shall include, but need not be limited to:

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

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

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

     (4) A summary of the proceeding and comments made by members of the public and any

other participant of the meeting; and

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

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

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

member voted on each issue, shall be a public record and shall be posted electronically online on

a public body's website and be available, to the public at the office of the public body, within two

(2) weeks of the date of the vote. The minutes shall be public records and unofficial minutes shall

be available, to the public at the office of the public body, within thirty-five (35) days of the

meeting or at the next regularly scheduled meeting, whichever is earlier, except where the

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disclosure would be inconsistent with §§ 42-46-4 and 42-46-5 or where the public body by

majority vote extends the time period for the filing of the minutes and publicly states the reason.

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

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

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

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

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

meeting, whichever is earlier, on the secretary of state's website, and, if available, on their

website.

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

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

§§ 42-46-4 and 42-46-5. At the end of each calendar year, a public body shall make all closed

session minutes available pursuant to this section unless the public body takes a vote in a properly

noticed closed session pursuant to §42-46-5 and affirms in open session that the minutes are to

remain subject to closure pursuant to §42-46-4.

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

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

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

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

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

to public bodies whose responsibilities are solely advisory in nature , and make them available on

the public body's website, if such a website is maintained.

      (e) All minutes and unofficial minutes 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. If a public body fails to

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

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

     42-46-8. Remedies available to aggrieved persons or entities. -- (a) Any citizen or

entity of the state who is aggrieved as a result of violations of the provisions of this chapter may

file a complaint with the attorney general. The attorney general shall investigate the complaint

and if the attorney general determines that the allegations of the complaint are meritorious, he or

she the attorney general may file a complaint on behalf of the complainant in the superior court

against the public body. The presence or absence of a person or entity at a meeting of a public

body shall not disqualify the person or entity from seeking remedies available under this chapter.

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      (b) No complaint may be filed by the attorney general after one hundred eighty (180)

three hundred sixty-five (365) days from the date of public approval of the minutes of the meeting

at which the alleged violation occurred, or, in the case of an unannounced or improperly closed

meeting, after one hundred eighty (180) days from the public action of a public body revealing

the alleged violation, whichever is greater.

      (c) Nothing within this section shall prohibit any individual from retaining private

counsel for the purpose of filing a complaint in the superior court within the time specified by this

section against the public body which has allegedly violated the provisions of this chapter;

provided, however, that if the individual has first filed a complaint with the attorney general

pursuant to this section, and the attorney general declines to take legal action, the individual may

file suit in superior court within ninety (90) days of the attorney general's closing of the complaint

or within one hundred eighty (180) days of the alleged violation, whichever occurs later.

      (d) The court shall award reasonable attorney fees and costs to a prevailing plaintiff,

other than the attorney general, except where special circumstances would render such an award

unjust. The court may issue injunctive relief and declare null and void any actions of a public

body found to be in violation of this chapter. In addition, the court may impose a civil fine not

exceeding five thousand dollars ($5,000) against a public body or any of its members found to

have committed a willful or knowing violation of this chapter. or a civil fine not to exceed one

thousand dollars ($1,000) against a public body found to have recklessly violated this chapter. A

judgment in the plaintiff's favor shall not be a prerequisite to obtaining an award of attorneys' fees

and/or costs if the court determines that the defendant's case lacked grounding in fact or in

existing law or a good faith argument for extension, modification or reversal of existing law.

      (e) Nothing within this section shall prohibit the attorney general from initiating a

complaint on behalf of the public interest.

      (f) Actions brought under this chapter may be advanced on the calendar upon motion of

the petitioner.

      (g) The attorney general shall consider all complaints filed under this chapter to have

also been filed under section 38-2-8(b) if applicable.

     42-46-11. Reported violations. -- (a) Every year the attorney general shall prepare a

report summarizing the complaints received pursuant to this chapter, which shall be submitted to

the legislature and which shall include information as to how many complaints were found to be

meritorious and the action taken by the attorney general in response to those complaints.

     (b) The attorney general shall publish the full text of all complaints and the action taken

by the attorney general in response to those complaints, as well as all advisory opinions issued

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related to this chapter, on a keyword searchable website.

     42-46-13. Accessibility for persons with disabilities. -- (a) All public bodies, to comply

with the nondiscrimination on the basis of disability requirements of R.I. Const., Art. I, § 2 and

applicable federal and state nondiscrimination laws (29 U.S.C. § 794, chapter 87 of this title, and

chapter 24 of title 11), shall develop a transition plan setting forth the steps necessary to ensure

that all open meetings of said public bodies are accessible to persons with disabilities.

      (b) The state building code standards committee shall, by September 1, 1989 adopt an

accessibility of meetings for persons with disabilities standard that includes provisions ensuring

that the meeting location is accessible to and usable by all persons with disabilities.

      (c) This section does not require the public body to make each of its existing facilities

accessible to and usable by persons with disabilities so long as all meetings required to be open to

the public pursuant to chapter 46 of this title are held in accessible facilities by the dates specified

in subsection (e).

      (d) The public body may comply with the requirements of this section through such

means as reassignment of meetings to accessible facilities, alteration of existing facilities, or

construction of new facilities. The public body is not required to make structural changes in

existing facilities where other methods are effective in achieving compliance with this section.

      (e) The public body shall comply with the obligations established under this section by

July 1, 1990, except that where structural changes in facilities are necessary in order to comply

with this section, such changes shall be made by December 30, 1991, but in any event as

expeditiously as possible unless an extension is granted by the state building commissioner for

good cause.

      (f) Each municipal government and school district shall, with the assistance of the state

building commission, complete a transition plan covering the location of meetings for all public

bodies under their jurisdiction. Each chief executive of each city or town and the superintendent

of schools will submit their transition plan to the governor's commission on disabilities for review

and approval. The governor's commission on disabilities with assistance from the state building

commission shall approve or modify, with the concurrence of the municipal government or

school district, the transition plans.

      (g) The provisions of §§ 45-13-7 -- 45-13-10, inclusive, shall not apply to this section.

     (h) The supplemental written notice required by §42-46-6(b) shall be given sufficiently in

advance of the meeting to allow a person to request in a timely manner the presence of an

interpreter or other reasonable accommodations for the meeting.

     SECTION 2. Chapter 42-46 of the General Laws entitled "Open Meetings" is hereby

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amended by adding thereto the following sections:

     42-46-3.1. Accommodation and recordings of open meetings. -- (a) Every meeting of

all public bodies shall be open to the public unless closed pursuant to §§42-46-4 and 42-46-5.

     (b) All reasonable efforts must be made to ensure that each meeting allows for all persons

present to hear and observe an open meeting.

     (c) A public body shall not prohibit the recordation of all or part of any of its open

meetings as long as such recordation does not interfere with the obligation of the public body to

maintain order under this chapter.

     42-46-3.2. Open electronic communications. -- (a) A communication or exchange of

information between members of a public body about public business or public policy over which

the public body has supervision, jurisdiction, advisory power, or control does not constitute a

meeting for purposes of this chapter if:

     (1) The communication is in writing;

     (2) The writing is posted to an online message board or similar Internet application that is

viewable and searchable by the public; and

     (3) The communication is displayed in real time and displayed on the online message

board or similar Internet application for no less than three hundred and sixty-five (365) days after

the communication is first posted.

     (b) A public body may have no more than one online message board or similar Internet

application to be used for the purposes described in subsection (a) of this section. The online

message board or similar Internet application must be owned or controlled by the public body,

prominently displayed on the public body's primary Internet website, and no more than one click

away from the public body's primary Internet website.

     (c) The online message board or similar Internet application described in subsection (a)

of this section may only be used by members of the public body or staff members of the public

body who have received specific authorization from a member of the public body. In the event

that a staff member posts a communication to the online message board or similar Internet

application, the name and title of the staff member must be posted along with the communication.

     (d) If a public body removes from the online message board or similar Internet

application a communication that has been posted three hundred and sixty-five (365) days, the

public body shall maintain the posting for a period of six (6) years. This communication is public

information and must be disclosed in accordance with chapter 2 of title 38.

     (e) The public body may not vote or take any action on any matter by posting a

communication to the online message board or similar Internet application.

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     42-46-5.1. Electronic communications/use and prohibition of. -- (a) The use of

electronic communication, including telephonic, text, electronic mail, facsimile, teleconferencing,

instant messaging, social networking, or similar means of communications shall not be used by

any member of a public body to circumvent the spirit or requirements of this chapter except to;

     (1) Schedule a meeting or determine the availability of members of a public body for the

purpose of conducting a meeting under this chapter;

     (2) Allow a member of a public body to electronically communicate and participate in a

scheduled meeting of a public body if such member is on active duty in the armed services of the

United States and not physically present in the state of Rhode Island;

     (3) Allow participation of a member of a public body who has a disability as defined in

chapter 87 of title 42 and who:

     (i) Cannot attend meetings of that public body solely by reason of their disability; and

     (ii) Cannot otherwise participate in the meeting without the use of electronic

communication or telephone communication as reasonable accommodation, may participate by

use of electronic communication or telephone communication in accordance with the process

below.

     (b) The governor's commission on disabilities is authorized and directed to:

     (1) Establish rules and regulations for determining whether a member of a public body is

not otherwise able to participate in meetings of that public body without the use of electronic

communication or telephone communication as a reasonable accommodation due to that

member's disability;

     (2) Grant a waiver that allows a member to participate by electronic communication or

telephone communication only if the member's disability would prevent them from being

physically present at the meeting location, and the use of such communication is the only

reasonable accommodation; and

     (3) Any waiver decisions shall be a matter of public record.

     42-46-5.2. Exclusions. -- This chapter shall not apply to proceedings of the judicial

branch of state government or probate court or municipal court proceedings in any city or town.

     42-46-5.3. Disruptive conduct. -- Nothing in this chapter shall prohibit the removal of

any person who willfully disrupts a meeting to the extent that orderly conduct of the meeting is

seriously compromised. No one other than a public body or a person so designated by the public

body shall order a person removed for violating the provisions of this section.

     42-46-5.4. Rolling quorum. -- Use of a rolling quorum shall constitute a violation of this

chapter.

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     42-46-6.1. Joint meeting. -- In the event of a joint meeting each public body shall be

responsible for providing public notice and minutes as otherwise required by this chapter.

     42-46-6.2. Emergency meeting/notice. -- (a) A public body may hold 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;

     (b) 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; and

     (c) Upon convening of an emergency meeting, the public body shall state for the record

and in the open minutes why the matter must be addressed in less than forty-eight (48) hours in

accordance with §42-46-6(b) and limit discussion to 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.

     42-46-6.3. Public comment. -- (a) A public body, or the members thereof, shall not be

prohibited 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.

     (b) 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.

     (c) No public body shall be in violation of any provision of this chapter for any

ceremonial speech or comment made at an open meeting of the body.

     (d) 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.

     (e) 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 §42-46-8.

     42-46-6.4. Compliance by public bodies. -- Not later than January 1, 2017, and annually

thereafter, each public body shall state in writing to the attorney general that it has designated a

certified open meetings compliance officer who has responsibility for compliance with this

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chapter and who has been provided orientation and training regarding this chapter. The attorney

general may, in accordance with the provisions of chapter 35 of title 42, promulgate rules and

regulations necessary to implement the requirements of this section.

     42-46-7.1. Livestreaming. -- (a) Effective January 1, 2018, all public bodies within the

executive branch of the state government and all state public and quasi-public boards, agencies

and corporations, as well as all city and town councils and elected and appointed school boards or

committees, excluding subdivisions thereof, shall record or cause to be recorded in digital format

their meetings and hearings, or portions thereof, that are required to be public pursuant to this

chapter. Such recordings shall be webcast live, where practicable, and shall be made available to

the public on the public body's website as well as a website maintained by the secretary of state

not more than seventy-two (72) hours after adjournment of the meeting or the hearing being

recorded. These recordings shall be available on the public body's website and the website

maintained by the secretary of state for at least three hundred sixty-five (365) days.

     (b) The secretary of state shall have the power and authority to promulgate rules and

regulations related to the quality, content, and manner of the livestreaming as well as the

hardware or software necessary to implement the provisions of this section.

     (c) Furthermore, all closed sessions shall be audio recorded and retained for at least three

hundred sixty-five (365) days such that they are available for public inspection unless otherwise

exempt; provided, however, the attorney general shall have access for purposes of investigating a

complaint pursuant to §42-46-8.

     (d) All recordings made pursuant to this section shall be preserved in accordance with the

provisions of chapters 1 and 3 of title 38.

     SECTION 3. Section 45-9-6 of the General Laws in Chapter 45-9 entitled "Budget

Commissions" is hereby amended to read as follows:

     45-9-6. Composition of budget commission. -- (a) If a budget commission is established

under §§ 45-9-5 or 45-12-22.7, it shall consist of five (5) members: three (3) of whom shall be

designees of the director of revenue; one of whom shall be the elected chief executive officer of

the city; and one of whom shall be a council member of the town or city elected to serve on the

budget commission as chosen by a majority vote of said town or city council. In cities or towns in

which the elected chief executive officer for purposes of this chapter is the president of the city or

town council, one member shall be the appointed city or town manager or town administrator (or,

if none, the city or town chief financial officer) as the fifth member. For a fire district, it shall

consist of five (5) members: three (3) of the members of the budget commission shall be

designees of the director of revenue; one shall be the chairperson of the district's governing body;

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and one shall be the fire chief of the district. The budget commission shall act by a majority vote

of all its members. The budget commission shall initiate and assure the implementation of

appropriate measures to secure the financial stability of the city, town, or fire district. The budget

commission shall continue in existence until the director of revenue abolishes it.

     The budget commission shall be subject to chapter 2 of title 36, "Access to Public

Records," and chapter 14 of title 36, "Code of Ethics," and chapter 46 of title 42, "Open

Meetings". The budget commission shall be subject to chapter 46 of title 42 "Open Meetings"

when meeting to take action on the following matters:

      (1) Levy and assessment of taxes;

      (2) Rulemaking or suspension of rules;

      (3) Adoption of a municipal or fire district budget;

      (4) Approval of collective bargaining agreements and amendments to collective

bargaining agreements; and

      (5) Making a determination under § 45-9-7 that the powers of the budget commission are

insufficient to restore fiscal stability to the city, town, or fire district.

      (b) Action by the budget commission under this chapter shall constitute action by the

city, town, or fire district for all purposes under the general laws, under any special law, and

under the city, town, or fire district charter.

      (c) Until the budget commission ceases to exist, no appropriation, borrowing

authorization, transfer, or other municipal or fire district spending authority, shall take effect until

approved by the budget commission. The budget commission shall approve all appropriations,

borrowing authorizations, transfers, and other municipal or fire district spending authorizations,

in whole or part.

      (d) In addition to the authority and powers conferred elsewhere in this chapter, and

notwithstanding any city, town, or fire district charter provision, or local ordinance, or rule or

regulation to the contrary, the budget commission shall have the power to:

      (1) Amend, formulate, and execute the annual municipal or fire district budget and

supplemental municipal or fire district budgets of the city, town, or fire district, including the

establishment, increase, or decrease of any appropriations and spending authority for all

departments, budget commissions, committees, agencies or other units of the city, town, or fire

district; provided, however, that notwithstanding §§ 16-2-9 and 16-2-18, this clause shall fully

apply to the school department and all school spending purposes;

      (2) Implement and maintain uniform budget guidelines and procedures for all

departments;

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      (3) Amend, formulate and execute capital budgets, including to amend any borrowing

authorization, or finance or refinance any debt in accordance with the law;

      (4) Amortize operational deficits in an amount as the director of revenue approves and

for a term not longer than five (5) years;

      (5) Develop and maintain a uniform system for all financial planning and operations in

all departments, offices, boards, commissions, committees, agencies, or other units of the city's,

town's, or fire district's government;

      (6) Review and approve or disapprove all proposed contracts for goods or services;

      (7) Notwithstanding any general or special law to the contrary, establish, increase, or

decrease any fee, rate, or charge, for any service, license, permit, or other municipal or fire

district activity, otherwise within the authority of the city, town, or fire district;

      (8) Appoint, remove, supervise, and control all city, town, or fire district employees and

have control over all personnel matters other than disciplinary matters; provided, that the budget

commission shall hold all existing powers to hire and fire and set the terms and conditions of

employment held by other employees or officers of the city, town, or fire district; provided,

further, that the budget commission shall have the authority to exercise all powers otherwise

available to a municipality or fire district regarding contractual obligations during a fiscal

emergency; provided, further, that no city, town, or fire district employee or officer shall hire,

fire, transfer, or alter the compensation or benefits of a city, town, or fire district employee except

with the written approval of the budget commission; and provided, further, that the budget

commission may delegate or otherwise assign these powers with the approval of the director of

revenue;

      (9) Alter or eliminate the compensation and/or benefits of elected officials of the city,

town, or fire district to reflect the fiscal emergency and changes in the responsibilities of the

officials as provided by this chapter;

      (10) Employ, retain, and supervise such managerial, professional, and clerical staff as are

necessary to carry out its responsibilities; provided, however, that such employment, retention

and supervisory decisions are subject to the approval of the director of revenue; provided, further,

that the budget commission shall not be subject to chapter 2 of title 37 or chapter 55 of title 45 in

employing such staff; provided, further, that the budget commission, with the approval of the

director of revenue, shall have authority to set the compensation, terms, and conditions of

employment of its own staff; provided, further, that the city, town, or fire district shall annually

appropriate amounts sufficient for the compensation of personnel hired under this clause as

determined and fixed by the budget commission; provided, further, that, if the city, town, or fire

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district fails to appropriate such amounts, the director of revenue shall direct the general treasurer

to deduct the necessary funds from the city's, town's, or fire district's distribution of state aid and

shall expend those funds directly for the benefit of the budget commission;

      (11) Reorganize, consolidate, or abolish departments, commissions, authorities, boards,

offices, or functions of the city, town, or fire district, in whole or in part, and to establish such

new departments, commissions, authorities, boards, offices, or functions as it deems necessary,

and to transfer the duties, powers, functions and appropriations of one department, commission,

board, office, or other unit to another department, commission, authority, board, or office, and in

connection therewith, remove and appoint new members for any such commission, authority,

board, or department which appointees shall serve the remainder of any unexpired term of their

predecessor;

      (12) Appoint, in consultation with the director of revenue, persons to fill vacancies on

any authority, board, committee, department, or office;

      (13) Sell, lease, or otherwise transfer, real property and other assets of the city, town, or

fire district with the approval of the director of revenue;

      (14) Purchase, lease, or otherwise acquire, property or other assets on behalf of the city,

town, or fire district with the approval of the director of revenue;

      (15) Enter into contracts, including, but not limited to, contracts with other governmental

entities, and such other governmental entities are hereby authorized to enter into such contracts;

      (16) Adopt rules and regulations governing the operation and administration of the city,

town, or fire district that permit the budget commission to effectively carry out this chapter under

§ 42-35-3(b);

      (17) Alter or rescind any action or decision of any municipal or fire district officer,

employee, board, authority, or commission within fourteen (14) days after receipt of notice of

such action or decision;

      (18) Suspend, in consultation with the director of revenue, any rules and regulations of

the city, town, or fire district;

      (19) Notwithstanding any other general law, special act, charter provision, or ordinance,

and in conformity with the reserved powers of the general assembly pursuant to Article XIII,

section 5 of the constitution of the state, a budget commission is authorized to issue bonds, notes,

or certificates of indebtedness to fund the deficit of a city, town, or fire district without regard to §

45-12-22.4, to fund cash flow and to finance capital projects. Bonds, notes, or certificates of

indebtedness issued under authority of this chapter shall be general obligation bonds backed by

the full faith and credit and taxing power of the city, town, or fire district; provided, however, that

LC004935 - Page 18 of 20

the budget commission may pledge future distributions of state aid for the purpose of retiring

such bonds, notes, or certificates of indebtedness. If any state aid is so pledged, the budget

commission shall execute on behalf of the city, town, or fire district a trust agreement with a

corporate trustee, which may be any bank or trust company having the powers of a trust company

within the state, and any state aid so pledged shall be paid by the general treasurer directly to the

trustee to be held in trust and applied to the payment of principal and interest on such bonds,

notes, or certificates of indebtedness; any earnings derived from the investment of such pledged

aid shall be applied as needed to the payment of that principal and interest and for trustee's fees

and related expenses, with any excess to be paid to the city, town, or fire district. Bonds, notes, or

certificates of indebtedness authorized under authority of this chapter shall be executed on behalf

of the city, town, or fire district by a member of the commission and, except as provided for in

this chapter, may be subject to the provisions of chapter 12 of title 45 so far as apt, or may be

subject to the provisions of any special bond act enacted authorizing the issuance of bonds of a

city, town, or fire district so far as apt; provided, however, that any bonds or notes issued for

school purposes must be approved by the general assembly in order to qualify for school housing

aid as set forth in chapter 7 of title 16; and

      (20) Exercise all powers under the general laws and this chapter, or any special act, any

charter provision or ordinance that any elected official of the city, town, or fire district may

exercise, acting separately or jointly; provided, however, that with respect to any such exercise of

powers by the budget commission, the elected officials shall not rescind nor take any action

contrary to such action by the budget commission so long as the budget commission continues to

exist.

      (21) Certify to the Rhode Island department of revenue the need to advance payments of

the state's basic education program under chapter 7 of title 16 in the amount determined by the

budget commission. Said amount shall be advanced, subject to approval of the director of the

department of revenue, notwithstanding any general or public law to the contrary. The director of

the department of revenue shall provide notice of any advance payments to the fiscal advisors of

the house and senate finance committees. The state general treasurer shall deduct the estimated

cost to the state's general fund resulting from any advance payments.

     SECTION 4. 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

***

     This act would amend the open meetings law to account for advances in technology to

provide the public with increased opportunities to observe the performance and deliberations of

their public officials as well as provide greater access to material used in the course of the making

of public policy.

     This act would take effect upon passage.

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