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LC000581

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- OPEN MEETINGS

     

     Introduced By: Representative Joseph M. McNamara

     Date Introduced: January 19, 2023

     Referred To: House State Government & Elections

     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.

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     (a) All public bodies shall give written notice of their regularly scheduled meetings at the

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beginning of each calendar year. The notice shall include the dates, times, and places of the

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meetings and shall be provided to members of the public upon request and to the secretary of state

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at the beginning of each calendar year in accordance with subsection (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. This notice shall include the date the notice was posted; the date, time, and place

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of the meeting; and a statement specifying the nature of the business to be discussed. Copies of the

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notice shall be maintained by the public body for a minimum of one year. Nothing contained herein

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shall prevent a public body, other than a school committee, from adding additional items to the

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agenda by majority vote of the members. School committees may, however, add items for

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informational purposes only, pursuant to a request, submitted in writing, by a member of the public

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during the public comment session of the school committee’s meetings. Said informational items

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may not be voted upon unless they have been posted in accordance with the provisions of this

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section. Such additional items 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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     (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 exists,

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

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

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subsection (f); however, nothing contained herein shall prevent a public body from holding an

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emergency meeting, upon an affirmative vote of the majority of the members of the body when the

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meeting is deemed necessary to address an unexpected occurrence that requires immediate action

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to protect the public. If an emergency meeting is called, a meeting notice and agenda shall be posted

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as soon as practicable and shall be electronically filed with the secretary of state pursuant to

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subsection (f) and, upon meeting, the public body shall state for the record and minutes why the

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matter must be addressed in less than forty-eight (48) hours in accordance with subsection (b) of

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this section and only discuss the issue or issues that 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 posted,

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

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

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public or to refer the matter to an appropriate committee or to another body or official. Nothing

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contained in this chapter requires any public body to hold an open-forum session to entertain or

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respond to any topic which is not a topic on the meeting notice previously posted nor does it prohibit

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any public body from limiting comment on any topic which is not a topic on the meeting notice

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previously posted at such an open-forum session. If a subject matter was previously posted, the

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public body shall allow citizens to comment on that matter at that public meeting even if the posted

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subject matter is withdrawn or held over for vote at a future meeting of that public body. No public

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body, or the members thereof, may use this section to circumvent the spirit or requirements of this

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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 with

 

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subsection (b) of this section;

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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 items

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

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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 the

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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 website and the two (2) public locations required by this section and

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

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the meeting in accordance with subsection (b) of this section.

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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 that shall

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

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of notices with the secretary of state shall take effect one year after this subsection takes 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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     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 provide that public bodies not be required to hold open-forum sessions on

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any topic not on the meeting notice and would limit comment on any topic not previously posted.

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     This act would take effect upon passage.

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