2023 -- H 5266
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LC000733
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S TATE OF RHODE IS LAND
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: Representatives Shanley, Bennett, Kennedy, Craven, McNamara, and
Spears
Date Introduced: January 27, 2023
Referred To: House State Government & Elections
It is enacted by the General Assembly as follows:
SECTION 1. Section 42-46-5 of the General Laws in Chapter 42-46 entitled "Open 1
Meetings" is hereby amended to read as follows: 2
42-46-5. Purposes for which meeting may be closed — Use of electronic 3
communications — Judicial proceedings — Disruptive conduct. 4
(a) A public body may hold a meeting closed to the public pursuant to § 42-46-4 for one 5
or more of the following purposes: 6
(1) Any discussions of the job performance, character, or physical or mental health of a 7
person or persons provided that the person or persons affected shall have been notified in advance 8
in writing and advised that they may require that the discussion be held at an open meeting. 9
Failure to provide notification shall render any action taken against the person or persons 10
affected null and void. Before going into a closed meeting pursuant to this subsection, the public 11
body shall state for the record that any persons to be discussed have been so notified and this 12
statement shall be noted in the minutes of the meeting. 13
(2) Sessions pertaining to collective bargaining or litigation, or work sessions pertaining to 14
collective bargaining or litigation. 15
(3) Discussion regarding the matter of security including, but not limited to, the deployment 16
of security personnel or devices. 17
(4) Any investigative proceedings regarding allegations of misconduct, either civil or 18
criminal. 19
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(5) Any discussions or considerations related to the acquisition or lease of real property for 1
public purposes, or of the disposition of publicly held property wherein advanced public 2
information would be detrimental to the interest of the public. 3
(6) Any discussions related to or concerning a prospective business or industry locating in 4
the state of Rhode Island when an open meeting would have a detrimental effect on the interest of 5
the public. 6
(7) A matter related to the question of the investment of public funds where the premature 7
disclosure would adversely affect the public interest. Public funds shall include any investment 8
plan or matter related thereto, including, but not limited to, state lottery plans for new promotions. 9
(8) Any executive sessions of a local school committee exclusively for the purposes: (i) Of 10
conducting student disciplinary hearings; or (ii) Of reviewing other matters that relate to the privacy 11
of students and their records, including all hearings of the various juvenile hearing boards of any 12
municipality; provided, however, that any affected student shall have been notified in advance in 13
writing and advised that he or she may require that the discussion be held in an open meeting. 14
Failure to provide notification shall render any action taken against the student or students 15
affected null and void. Before going into a closed meeting pursuant to this subsection, the public 16
body shall state for the record that any students to be discussed have been so notified and this 17
statement shall be noted in the minutes of the meeting. 18
(9) Any hearings on, or discussions of, a grievance filed pursuant to a collective bargaining 19
agreement. 20
(10) Any discussion of the personal finances of a prospective donor to a library. 21
(b) No meeting of members of a public body or use of electronic communication, including 22
telephonic communication and telephone conferencing, shall be used to circumvent the spirit or 23
requirements of this chapter; provided, however, these meetings and discussions are not prohibited. 24
(1) Provided, further however, that discussions of a public body via electronic 25
communication, including telephonic communication and telephone conferencing, shall be 26
permitted only to schedule a meeting, except as provided in this subsection. 27
(2) Provided, further however, that a member of a public body may participate by use of 28
electronic communication or telephone communication while on active duty in the armed services 29
of the United States. 30
(3) Provided, further however, that a member of a public body who is age sixty-five (65) 31
or over may participate by use of electronic communication or telephone communication. 32
(3)(4) Provided, further however, that a member of that public body, who has a disability 33
as defined in chapter 87 of this title and: 34
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(i) Cannot attend meetings of that public body solely by reason of the member’s disability; 1
and 2
(ii) Cannot otherwise participate in the meeting without the use of electronic 3
communication or telephone communication as reasonable accommodation, may participate by use 4
of electronic communication or telephone communication in accordance with the process below. 5
(4)(5) The governor’s commission on disabilities is authorized and directed to: 6
(i) Establish rules and regulations for determining whether a member of a public body is 7
not otherwise able to participate in meetings of that public body without the use of electronic 8
communication or telephone communication as a reasonable accommodation due to that member’s 9
disability; 10
(ii) Grant a waiver that allows a member to participate by electronic communication or 11
telephone communication only if the member’s disability would prevent the member from being 12
physically present at the meeting location, and the use of such communication is the only 13
reasonable accommodation; and 14
(iii) Any waiver decisions shall be a matter of public record. 15
(5)(6) The university of Rhode Island board of trustees members, established pursuant to 16
§ 16-32-2, are authorized to participate remotely in open public meetings of the board; provided, 17
however, that: 18
(i) The remote members and all persons present at the meeting location are clearly audible 19
and visible to each other; 20
(ii) A quorum of the body is participating; 21
(iii) If videoconferencing is used to conduct a meeting, the public notice for the meeting 22
shall inform the public that videoconferencing will be used and include instructions on how the 23
public can access the virtual meeting; and 24
(iv) The board shall adopt rules defining the requirements of remote participation including 25
its use for executive session, and the conditions by which a member is authorized to participate 26
remotely. 27
(c) This chapter shall not apply to proceedings of the judicial branch of state government 28
or probate court or municipal court proceedings in any city or town. 29
(d) This chapter shall not prohibit the removal of any person who willfully disrupts a 30
meeting to the extent that orderly conduct of the meeting is seriously compromised. 31
SECTION 2. This act shall take effect upon passage. 32
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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 permit all members of a public body who are aged sixty-five (65) years or 1
over to participate in public meeting by telephone or electronic communication. 2
This act would take effect upon passage. 3
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LC000733
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