2023 -- S 0815

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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: Senators Gu, DiMario, Valverde, Lauria, Burke, Kallman, and Miller

     Date Introduced: March 23, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 42-46-5 and 42-46-6 of the General Laws in Chapter 42-46 entitled

"Open Meetings" are hereby amended to read as follows:

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

communications — Judicial proceedings — Disruptive conduct.

     (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 the 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 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) Sessions pertaining to collective bargaining or litigation, or work sessions pertaining to

collective bargaining or litigation.

     (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.

     (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 sessions of a local school committee exclusively for the purposes: (i) Of

conducting student disciplinary hearings; or (ii) Of reviewing other matters that 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 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.

     (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, except as provided in this subsection.

     (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 this title and:

     (i) Cannot attend meetings of that public body solely by reason of the member’s disability;

and

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     (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 the member 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.

     (5) The university of Rhode Island board of trustees members, established pursuant to §

16-32-2, are authorized to participate remotely in open public meetings of the board; provided,

however, that:

     (i) The remote members and all persons present at the meeting location are clearly audible

and visible to each other;

     (ii) A quorum of the body is participating;

     (iii) If videoconferencing is used to conduct a meeting, the public notice for the meeting

shall inform the public that videoconferencing will be used and include instructions on how the

public can access the virtual meeting; and

     (iv) The board shall adopt rules defining the requirements of remote participation including

its use for executive session, and the conditions by which a member is authorized to participate

remotely.

     (6) Nothing contained herein shall prohibit members of a public body that is solely advisory

in nature from participating remotely using videoconferencing technology in open public meetings

of the public body; provided, however, that:

     (i) The public body shall provide members of the public, without subscription, toll, or

similar charge, the opportunity to attend contemporaneously by remote methods using

videoconferencing technology when any member of the body participates by remote methods using

such technology;

     (ii) If the public body provides an opportunity for public comment during a public meeting,

an effective means of communication between all members of the public body and all members of

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the public in attendance, either in person or remotely using videoconferencing technology, shall be

provided.

     (iii) Notice of the meeting shall be provided in accordance with § 42-46-6. In addition,

such notice shall include instructions for the public to attend and participate, pursuant to subsection

(b)(6)(i) of this section by means of videoconferencing technology, or in person, and an email

address where a member of the public can request a recording of the meeting pursuant to subsection

(x) of this section;

     (iv) All documents to be discussed at the open public meeting shall be made available with

the electronic filing of the notice submitted to the secretary of state pursuant to § 42-46-6(f);

     (v) A member of the public body who participates in a public meeting remotely is present

for purposes of a quorum and voting;

     (vi) All members of the public body who participate in a public meeting remotely using

videoconferencing technology shall:

     (A) Identify themselves when the meeting is convened; and

     (B) Be able to hear and see the conduct of the meeting and be heard and be seen throughout

the meeting;

     (vii) All non-unanimous votes taken during a public meeting with members participating

remotely using videoconferencing technology shall be taken by roll call, and shall be able to be

seen and heard by other members of the public body and the public;

     (viii) If a quorum of the members of a public body participates remotely using

videoconferencing technology from the same physical location, members of the public shall be

allowed to attend such meeting at the physical location and the notice of the meeting shall include

the location;

     (ix) Whenever a public meeting being conducted with members of the public body

participating remotely using videoconferencing technology is interrupted by the failure,

disconnection or, in the chair’s determination, unacceptable degradation of the video conference

technology, the meeting shall adjourn;

     (x) The public body shall ensure that the meeting is recorded, make the recording available

online within twenty-four (24) hours of adjournment of the meeting on the secretary of state’s

website, and retain a copy for public inspection for a period of not less than five (5) years; and

     (xi) The minutes of the meeting shall record a list of members that attended the meeting in

person and a list of members that attended the meeting remotely using video conferencing

technology.

     (7) The authorization to remotely use videoconferencing technology provided by

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subsection (b)(6) of this section shall not apply to advisory bodies that are composed, in whole or

in part, of a subset of members of, or any member of, the public body that created such advisory

body or to which such advisory body reports.

     (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.

     (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).

     (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 in the count of hours,

before the date. This notice shall include the date the notice was posted; the date, time, and place

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

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

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

agenda by majority vote of the members. 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

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

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

this section and only discuss the issue or issues that created the need for an emergency meeting.

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

chapter.

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

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

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

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

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

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

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

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

such an open-forum session. No public body, or the members thereof, may use this section to

circumvent the spirit or requirements of this chapter.

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

required by this section under the following conditions:

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

subsection (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 in accordance with

subsection (b) of this section;

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

newspaper publication;

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

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

meeting;

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

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

public aware of this process; and

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

posted on the school district’s website 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 in accordance with subsection (b) of this section.

     (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

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.

     (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.

     (h) All city and town councils, all elected and appointed school boards and school

committees, all zoning boards, all planning boards, and all quasi-public boards, agencies, and

corporations (as defined in § 42-155-3 and provided for in the findings in § 42-155-2) shall provide

members of the public with the opportunity to attend open public meetings contemporaneously by

remote methods without subscription, toll, or similar charge to the public. If the above-described

bodies provide an opportunity for public comment during the public meeting, an effective means

of communication between all members of the public body and all members of the public in

attendance, either in person or remotely, shall be provided. Notice of the meeting provided pursuant

to this section shall include instructions for the public to attend and comment by means of

videoconferencing technology. The public body shall ensure that the meeting is recorded, make the

recording available online within twenty-four (24) hours of adjournment of the meeting on the

secretary of state's website, and retain a copy for public inspection for a period of no less than five

(5) years.

     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

***

     This act would amend the Open Meetings law to permit members of a public body that is

solely advisory in nature to participate remotely using videoconferencing technology in open public

meetings of the public body, provided that certain requirements are met. This act would also

provide additional rules for municipal councils, boards, school committees, and other entities to

follow regarding remote attendance by the public at public meetings, and would direct those bodies

to provide an effective means of communication for the public to provide comment if there is an

opportunity for public comment at the meeting.

     This act would take effect upon passage.

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