Chapter 362

2003 -- H 5663

Enacted 07/17/03

AN ACT

RELATING TO STATE AFFAIRS AND GOVERNMENT - OPEN MEETINGS

Introduced By: Representative Gordon D. Fox

Date Introduced: February 11, 2003

It is enacted by the General Assembly as follows:

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

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

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

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 (e).

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

minimum of forty-eight (48) 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. 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 (e); provided, that in the case of school committees the required public

notice shall be published in a newspaper of general circulation in the school district under the

committee's jurisdiction; however, ad hoc committees, sub committees and advisory committees

of school committees shall not be required to publish notice in a newspaper; 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 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.

      (d) 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 (e), 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

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.

(e) 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 (1) year after this subsection takes

effect. 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 section 42-

46-8.

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) 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) 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 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 disclosure would be inconsistent with sections 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.

      (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

sections 42-46-4 and 42-46-5.

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

public and quasi-public boards, agencies and corporations 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.

(e) All 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. This requirement of the electronic transmission and

filing of minutes with the secretary of state shall take effect one (1) year after this subsection

takes effect.

If a public body fails to transmit minutes in accordance with this subsection, then any

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

46-8.

SECTION 2. This act shall take effect upon passage.     

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LC02176

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