Introduced By: Representatives Heffner, Dennigan, Benoit and Barone
Date Introduced : February 3, 1998
Referred To: Committee on Judiciary
It is enacted by the General Assembly as follows:
SECTION 1. Sections 42-46-2, 42-46-4, 42-46-5, 42-46-6, and 42-46-8 of the General Laws in Chapter 42-46 entitled "Open Meetings" are hereby amended to read as follows:
42-46-2. Definitions. -- As used in this chapter:
(a) "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" shall expressly include, without limiting the generality of the foregoing, so-called "workshop," "working," or "work" sessions.
(b) "Open call" means a public announcement by the chairperson of the committee that the meeting is going to be held in executive session and the chairperson must indicate which exception of section 42-46-5 is being involved.
(c) "Public body" means any department, agency, commission,
committee, board, council, bureau, or authority or any subdivision
thereof of state or municipal government {DEL . DEL} {ADD ,
and shall include all authorities defined in section 42-35-1(b). ADD}
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.
(d) "Quorum," unless otherwise defined by applicable law, means a simple majority of the membership of a public body.
{ADD (e) "Prevailing plaintiff" shall include those persons and entities deemed "prevailing parties" pursuant to 42 U.S.C. section 1988. ADD}
42-46-4. Closed meetings. -- 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 section 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 section 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 section 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.
{ADD All votes taken in closed sessions shall be disclosed once the session is reopened; provided, however, a vote taken in a closed session need not be disclosed for the period of time during which its disclosure would jeopardize any strategy, negotiation or investigation undertaken pursuant to discussions conducted under section 42-46-5(a). ADD}
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 section 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 {ADD shall have been notified in advance in writing and advised that they ADD} may require that the discussion be held at an open meeting.
{ADD 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. ADD}
(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 (a) of conducting student disciplinary hearings or (b) of reviewing other matters which relate to the privacy of students and their records, provided, however, that any affected student {ADD shall have been notified in advance in writing and advised that he or she ADD} may require that the discussion be held in an open meeting.
{ADD 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. ADD}
(b) No meeting of members of a public body or use of electronic communication shall be used to circumvent the spirit or requirements of this chapter; provided, however, these meetings and discussions are not prohibited.
{ADD Provided, further however, that discussions of a public body via electronic communication shall be permitted only to schedule a meeting. ADD}
(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 wilfully 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 regular scheduled meetings at the
beginning of each calendar year. The notice shall include the
dates, times, and places of the meetings {DEL . DEL} {ADD and
shall be provided to members of the public upon request. ADD}
(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, {DEL in addition to date
DEL} {ADD the date the notice was posted, the date ADD}, time {DEL , DEL}
and place {ADD of the meeting ADD}, {ADD and ADD} a statement specifying
the nature of the business to be discussed. {ADD Copies of the
notice shall be maintained by the public body for a minimum of
one (1) year. ADD} 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. {ADD 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. ADD}
(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;
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; {ADD however,
ad hoc committees, sub committees and advisory committees of school
committees shall not be required to publish notice in a newspaper; ADD}
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 {DEL where the public welfare so requires. DEL}
{ADD to address an unexpected occurrence that requires immediate
action to protect the public. ADD} If an emergency meeting is called,
a meeting notice and agenda shall be posted as soon as practicable {DEL . DEL}
{ADD 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. ADD} Nothing contained herein
shall be used in the circumvention of the spirit and requirements
of this chapter.
{DEL 42-46-8. Remedies available to aggrieved persons. DEL}{ADD 42-46-8. Remedies available to aggrieved persons or entities.
-- ADD} (a) Any citizen {ADD or entity ADD} 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 may file a complaint on behalf of the complainant in
the superior court against the public body.
(b) No complaint may be filed by the attorney general after {DEL ninety
(90) DEL} {ADD one hundred eighty (180) ADD} 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 {DEL ninety (90) DEL}
{ADD one hundred eighty (180) ADD} 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 {ADD later. ADD} {DEL first. DEL}
{ADD (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. ADD}
{DEL (d) DEL} 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 {DEL one thousand dollars ($1,000) DEL}
{ADD five thousand dollars ($5,000) ADD} against a public body or
any of its members found to have committed a wilful {ADD or knowing
ADD} violation of this chapter. {ADD ADD} {DEL The total fine
imposed for any meeting held in violation of this chapter shall
not exceed one thousand dollars ($1,000). DEL}
(e) [Deleted by P.L. 1988, ch. 659, section 1.]
{ADD (f) Nothing within this section shall prohibit the attorney general from initiating a complaint on behalf of the public interest. ADD}
{ADD (g) Actions brought under this chapter may be advanced on the calendar upon motion of the petitioner. ADD}
{ADD (h) The attorney general shall consider all complaints filed under this chapter to have also been filed under R.I.G.L. section 38-2-8(b) if applicable. ADD}
SECTION 2. Chapter 42-46 of the General Laws entitled "Open Meetings" is hereby amended by adding thereto the following section:
{ADD 42-46-14. Burden of proof. --ADD}{ADD In all actions brought under this chapter, the burden shall be on the public body to demonstrate that the meeting in dispute was properly closed pursuant to, or otherwise exempt from the terms of this chapter. ADD}
SECTION 3. This act shall take effect upon passage.
