2006 -- S 2779

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LC02060

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2006

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A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- OPEN MEETINGS

     Introduced By: Senators Perry, and C Levesque

     Date Introduced: February 14, 2006

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 42-46-5 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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     42-46-5. Purposes for which meeting may be closed -- Use of electronic

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communications -- Judicial proceedings -- Disruptive conduct. -- (a) A public body may hold

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a meeting closed to the public pursuant to section 42-46-4 for one or more of the following

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purposes:

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      (1) Any discussions of the job performance, character, or physical or mental health of a

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person or persons provided that such person or persons affected shall have been notified in

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advance in writing and advised that they may require that the discussion be held at an open

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meeting.

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      Failure to provide such notification shall render any action taken against the person or

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persons affected null and void. Before going into a closed meeting pursuant to this subsection, the

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public body shall state for the record that any persons to be discussed have been so notified and

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this statement shall be noted in the minutes of the meeting.

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

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to collective bargaining or litigation.

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      (3) Discussion regarding the matter of security including but not limited to the

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deployment of security personnel or devices.

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      (4) Any investigative proceedings regarding allegations of misconduct, either civil or

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criminal.

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      (5) Any discussions or considerations related to the acquisition or lease of real property

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for public purposes, or of the disposition of publicly held property wherein advanced public

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information would be detrimental to the interest of the public.

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      (6) Any discussions related to or concerning a prospective business or industry locating

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in the state of Rhode Island when an open meeting would have a detrimental effect on the interest

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of the public.

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      (7) A matter related to the question of the investment of public funds where the

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premature disclosure would adversely affect the public interest. Public funds shall include any

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investment plan or matter related thereto, including but not limited to state lottery plans for new

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promotions.

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      (8) Any executive sessions of a local school committee exclusively for the purposes (a)

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of conducting student disciplinary hearings or (b) of reviewing other matters which relate to the

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privacy of students and their records, provided, however, that any affected student shall have

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been notified in advance in writing and advised that he or she may require that the discussion be

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held in an open meeting.

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      Failure to provide such notification shall render any action taken against the student or

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students affected null and void. Before going into a closed meeting pursuant to this subsection,

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the public body shall state for the record that any students to be discussed have been so notified

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and this statement shall be noted in the minutes of the meeting.

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      (9) Any hearings on, or discussions of, a grievance filed pursuant to a collective

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bargaining agreement.

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

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

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

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

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prohibited.

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

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communication, including telephonic communication and telephone conferencing, shall be

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permitted only to schedule a meeting.

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

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

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of the United States.

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     Provided, further however, that a member of a public body, who has a disability and is

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

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communication or telephone communications as reasonable accommodation, may participate by

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use of electronic communication or telephone communication, pursuant to the provisions of

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chapter 42-87, and Article 1, section 2, of the Rhode Island Constitution.

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

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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

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meeting to the extent that orderly conduct of the meeting is seriously compromised.

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     SECTION 2. This act shall take effect upon passage.

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LC02060

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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 authorize the use of electronic communication or telephone

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communications as a reasonable accommodation for a member of a public body who has a

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disability.

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     This act would take effect upon passage.

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LC02060

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