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| 4 | 4 | | |
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| 5 | 5 | | 2023 -- S 0815 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001932 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO STATE AFFAIRS AND GOVERNMENT-- OPEN MEETINGS |
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| 16 | 16 | | Introduced By: Senators Gu, DiMario, Valverde, Lauria, Burke, Kallman, and Miller |
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| 17 | 17 | | Date Introduced: March 23, 2023 |
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| 18 | 18 | | Referred To: Senate Judiciary |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Sections 42-46-5 and 42-46-6 of the General Laws in Chapter 42-46 entitled 1 |
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| 23 | 23 | | "Open Meetings" are hereby amended to read as follows: 2 |
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| 24 | 24 | | 42-46-5. Purposes for which meeting may be closed — Use of electronic 3 |
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| 25 | 25 | | communications — Judicial proceedings — Disruptive conduct. 4 |
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| 26 | 26 | | (a) A public body may hold a meeting closed to the public pursuant to § 42-46-4 for one 5 |
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| 27 | 27 | | or more of the following purposes: 6 |
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| 28 | 28 | | (1) Any discussions of the job performance, character, or physical or mental health of a 7 |
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| 29 | 29 | | person or persons provided that the person or persons affected shall have been notified in advance 8 |
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| 30 | 30 | | in writing and advised that they may require that the discussion be held at an open meeting. 9 |
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| 31 | 31 | | Failure to provide notification shall render any action taken against the person or persons 10 |
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| 32 | 32 | | affected null and void. Before going into a closed meeting pursuant to this subsection, the public 11 |
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| 33 | 33 | | body shall state for the record that any persons to be discussed have been so notified and this 12 |
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| 34 | 34 | | statement shall be noted in the minutes of the meeting. 13 |
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| 35 | 35 | | (2) Sessions pertaining to collective bargaining or litigation, or work sessions pertaining to 14 |
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| 36 | 36 | | collective bargaining or litigation. 15 |
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| 37 | 37 | | (3) Discussion regarding the matter of security including, but not limited to, the deployment 16 |
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| 38 | 38 | | of security personnel or devices. 17 |
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| 39 | 39 | | (4) Any investigative proceedings regarding allegations of misconduct, either civil or 18 |
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| 40 | 40 | | criminal. 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC001932 - Page 2 of 8 |
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| 44 | 44 | | (5) Any discussions or considerations related to the acquisition or lease of real property for 1 |
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| 45 | 45 | | public purposes, or of the disposition of publicly held property wherein advanced public 2 |
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| 46 | 46 | | information would be detrimental to the interest of the public. 3 |
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| 47 | 47 | | (6) Any discussions related to or concerning a prospective business or industry locating in 4 |
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| 48 | 48 | | the state of Rhode Island when an open meeting would have a detrimental effect on the interest of 5 |
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| 49 | 49 | | the public. 6 |
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| 50 | 50 | | (7) A matter related to the question of the investment of public funds where the premature 7 |
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| 51 | 51 | | disclosure would adversely affect the public interest. Public funds shall include any investment 8 |
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| 52 | 52 | | plan or matter related thereto, including, but not limited to, state lottery plans for new promotions. 9 |
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| 53 | 53 | | (8) Any executive sessions of a local school committee exclusively for the purposes: (i) Of 10 |
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| 54 | 54 | | conducting student disciplinary hearings; or (ii) Of reviewing other matters that relate to the privacy 11 |
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| 55 | 55 | | of students and their records, including all hearings of the various juvenile hearing boards of any 12 |
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| 56 | 56 | | municipality; provided, however, that any affected student shall have been notified in advance in 13 |
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| 57 | 57 | | writing and advised that he or she may require that the discussion be held in an open meeting. 14 |
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| 58 | 58 | | Failure to provide notification shall render any action taken against the student or students 15 |
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| 59 | 59 | | affected null and void. Before going into a closed meeting pursuant to this subsection, the public 16 |
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| 60 | 60 | | body shall state for the record that any students to be discussed have been so notified and this 17 |
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| 61 | 61 | | statement shall be noted in the minutes of the meeting. 18 |
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| 62 | 62 | | (9) Any hearings on, or discussions of, a grievance filed pursuant to a collective bargaining 19 |
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| 63 | 63 | | agreement. 20 |
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| 64 | 64 | | (10) Any discussion of the personal finances of a prospective donor to a library. 21 |
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| 65 | 65 | | (b) No meeting of members of a public body or use of electronic communication, including 22 |
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| 66 | 66 | | telephonic communication and telephone conferencing, shall be used to circumvent the spirit or 23 |
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| 67 | 67 | | requirements of this chapter; provided, however, these meetings and discussions are not prohibited. 24 |
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| 68 | 68 | | (1) Provided, further however, that discussions of a public body via electronic 25 |
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| 69 | 69 | | communication, including telephonic communication and telephone conferencing, shall be 26 |
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| 70 | 70 | | permitted only to schedule a meeting, except as provided in this subsection. 27 |
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| 71 | 71 | | (2) Provided, further however, that a member of a public body may participate by use of 28 |
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| 72 | 72 | | electronic communication or telephone communication while on active duty in the armed services 29 |
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| 73 | 73 | | of the United States. 30 |
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| 74 | 74 | | (3) Provided, further however, that a member of that public body, who has a disability as 31 |
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| 75 | 75 | | defined in chapter 87 of this title and: 32 |
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| 76 | 76 | | (i) Cannot attend meetings of that public body solely by reason of the member’s disability; 33 |
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| 77 | 77 | | and 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC001932 - Page 3 of 8 |
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| 81 | 81 | | (ii) Cannot otherwise participate in the meeting without the use of electronic 1 |
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| 82 | 82 | | communication or telephone communication as reasonable accommodation, may participate by use 2 |
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| 83 | 83 | | of electronic communication or telephone communication in accordance with the process below. 3 |
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| 84 | 84 | | (4) The governor’s commission on disabilities is authorized and directed to: 4 |
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| 85 | 85 | | (i) Establish rules and regulations for determining whether a member of a public body is 5 |
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| 86 | 86 | | not otherwise able to participate in meetings of that public body without the use of electronic 6 |
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| 87 | 87 | | communication or telephone communication as a reasonable accommodation due to that member’s 7 |
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| 88 | 88 | | disability; 8 |
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| 89 | 89 | | (ii) Grant a waiver that allows a member to participate by electronic communication or 9 |
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| 90 | 90 | | telephone communication only if the member’s disability would prevent the member from being 10 |
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| 91 | 91 | | physically present at the meeting location, and the use of such communication is the only 11 |
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| 92 | 92 | | reasonable accommodation; and 12 |
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| 93 | 93 | | (iii) Any waiver decisions shall be a matter of public record. 13 |
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| 94 | 94 | | (5) The university of Rhode Island board of trustees members, established pursuant to § 14 |
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| 95 | 95 | | 16-32-2, are authorized to participate remotely in open public meetings of the board; provided, 15 |
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| 96 | 96 | | however, that: 16 |
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| 97 | 97 | | (i) The remote members and all persons present at the meeting location are clearly audible 17 |
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| 98 | 98 | | and visible to each other; 18 |
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| 99 | 99 | | (ii) A quorum of the body is participating; 19 |
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| 100 | 100 | | (iii) If videoconferencing is used to conduct a meeting, the public notice for the meeting 20 |
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| 101 | 101 | | shall inform the public that videoconferencing will be used and include instructions on how the 21 |
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| 102 | 102 | | public can access the virtual meeting; and 22 |
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| 103 | 103 | | (iv) The board shall adopt rules defining the requirements of remote participation including 23 |
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| 104 | 104 | | its use for executive session, and the conditions by which a member is authorized to participate 24 |
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| 105 | 105 | | remotely. 25 |
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| 106 | 106 | | (6) Nothing contained herein shall prohibit members of a public body that is solely advisory 26 |
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| 107 | 107 | | in nature from participating remotely using videoconferencing technology in open public meetings 27 |
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| 108 | 108 | | of the public body; provided, however, that: 28 |
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| 109 | 109 | | (i) The public body shall provide members of the public, without subscription, toll, or 29 |
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| 110 | 110 | | similar charge, the opportunity to attend contemporaneously by remote methods using 30 |
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| 111 | 111 | | videoconferencing technology when any member of the body participates by remote methods using 31 |
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| 112 | 112 | | such technology; 32 |
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| 113 | 113 | | (ii) If the public body provides an opportunity for public comment during a public meeting, 33 |
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| 114 | 114 | | an effective means of communication between all members of the public body and all members of 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC001932 - Page 4 of 8 |
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| 118 | 118 | | the public in attendance, either in person or remotely using videoconferencing technology, shall be 1 |
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| 119 | 119 | | provided. 2 |
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| 120 | 120 | | (iii) Notice of the meeting shall be provided in accordance with § 42-46-6. In addition, 3 |
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| 121 | 121 | | such notice shall include instructions for the public to attend and participate, pursuant to subsection 4 |
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| 122 | 122 | | (b)(6)(i) of this section by means of videoconferencing technology, or in person, and an email 5 |
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| 123 | 123 | | address where a member of the public can request a recording of the meeting pursuant to subsection 6 |
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| 124 | 124 | | (x) of this section; 7 |
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| 125 | 125 | | (iv) All documents to be discussed at the open public meeting shall be made available with 8 |
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| 126 | 126 | | the electronic filing of the notice submitted to the secretary of state pursuant to § 42-46-6(f); 9 |
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| 127 | 127 | | (v) A member of the public body who participates in a public meeting remotely is present 10 |
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| 128 | 128 | | for purposes of a quorum and voting; 11 |
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| 129 | 129 | | (vi) All members of the public body who participate in a public meeting remotely using 12 |
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| 130 | 130 | | videoconferencing technology shall: 13 |
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| 131 | 131 | | (A) Identify themselves when the meeting is convened; and 14 |
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| 132 | 132 | | (B) Be able to hear and see the conduct of the meeting and be heard and be seen throughout 15 |
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| 133 | 133 | | the meeting; 16 |
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| 134 | 134 | | (vii) All non-unanimous votes taken during a public meeting with members participating 17 |
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| 135 | 135 | | remotely using videoconferencing technology shall be taken by roll call, and shall be able to be 18 |
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| 136 | 136 | | seen and heard by other members of the public body and the public; 19 |
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| 137 | 137 | | (viii) If a quorum of the members of a public body participates remotely using 20 |
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| 138 | 138 | | videoconferencing technology from the same physical location, members of the public shall be 21 |
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| 139 | 139 | | allowed to attend such meeting at the physical location and the notice of the meeting shall include 22 |
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| 140 | 140 | | the location; 23 |
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| 141 | 141 | | (ix) Whenever a public meeting being conducted with members of the public body 24 |
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| 142 | 142 | | participating remotely using videoconferencing technology is interrupted by the failure, 25 |
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| 143 | 143 | | disconnection or, in the chair’s determination, unacceptable degradation of the video conference 26 |
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| 144 | 144 | | technology, the meeting shall adjourn; 27 |
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| 145 | 145 | | (x) The public body shall ensure that the meeting is recorded, make the recording available 28 |
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| 146 | 146 | | online within twenty-four (24) hours of adjournment of the meeting on the secretary of state’s 29 |
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| 147 | 147 | | website, and retain a copy for public inspection for a period of not less than five (5) years; and 30 |
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| 148 | 148 | | (xi) The minutes of the meeting shall record a list of members that attended the meeting in 31 |
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| 149 | 149 | | person and a list of members that attended the meeting remotely using video conferencing 32 |
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| 150 | 150 | | technology. 33 |
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| 151 | 151 | | (7) The authorization to remotely use videoconferencing technology provided by 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC001932 - Page 5 of 8 |
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| 155 | 155 | | subsection (b)(6) of this section shall not apply to advisory bodies that are composed, in whole or 1 |
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| 156 | 156 | | in part, of a subset of members of, or any member of, the public body that created such advisory 2 |
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| 157 | 157 | | body or to which such advisory body reports. 3 |
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| 158 | 158 | | (c) This chapter shall not apply to proceedings of the judicial branch of state government 4 |
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| 159 | 159 | | or probate court or municipal court proceedings in any city or town. 5 |
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| 160 | 160 | | (d) This chapter shall not prohibit the removal of any person who willfully disrupts a 6 |
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| 161 | 161 | | meeting to the extent that orderly conduct of the meeting is seriously compromised. 7 |
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| 162 | 162 | | 42-46-6. Notice. 8 |
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| 163 | 163 | | (a) All public bodies shall give written notice of their regularly scheduled meetings at the 9 |
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| 164 | 164 | | beginning of each calendar year. The notice shall include the dates, times, and places of the 10 |
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| 165 | 165 | | meetings and shall be provided to members of the public upon request and to the secretary of state 11 |
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| 166 | 166 | | at the beginning of each calendar year in accordance with subsection (f). 12 |
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| 167 | 167 | | (b) Public bodies shall give supplemental written public notice of any meeting within a 13 |
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| 168 | 168 | | minimum of forty-eight (48) hours, excluding weekends and state holidays in the count of hours, 14 |
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| 169 | 169 | | before the date. This notice shall include the date the notice was posted; the date, time, and place 15 |
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| 170 | 170 | | of the meeting; and a statement specifying the nature of the business to be discussed. Copies of the 16 |
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| 171 | 171 | | notice shall be maintained by the public body for a minimum of one year. Nothing contained herein 17 |
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| 172 | 172 | | shall prevent a public body, other than a school committee, from adding additional items to the 18 |
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| 173 | 173 | | agenda by majority vote of the members. School committees may, however, add items for 19 |
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| 174 | 174 | | informational purposes only, pursuant to a request, submitted in writing, by a member of the public 20 |
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| 175 | 175 | | during the public comment session of the school committee’s meetings. Said informational items 21 |
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| 176 | 176 | | may not be voted upon unless they have been posted in accordance with the provisions of this 22 |
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| 177 | 177 | | section. Such additional items shall be for informational purposes only and may not be voted on 23 |
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| 178 | 178 | | except where necessary to address an unexpected occurrence that requires immediate action to 24 |
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| 179 | 179 | | protect the public or to refer the matter to an appropriate committee or to another body or official. 25 |
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| 180 | 180 | | (c) Written public notice shall include, but need not be limited to, posting a copy of the 26 |
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| 181 | 181 | | notice at the principal office of the public body holding the meeting, or if no principal office exists, 27 |
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| 182 | 182 | | at the building in which the meeting is to be held, and in at least one other prominent place within 28 |
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| 183 | 183 | | the governmental unit, and electronic filing of the notice with the secretary of state pursuant to 29 |
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| 184 | 184 | | subsection (f); however, nothing contained herein shall prevent a public body from holding an 30 |
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| 185 | 185 | | emergency meeting, upon an affirmative vote of the majority of the members of the body when the 31 |
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| 186 | 186 | | meeting is deemed necessary to address an unexpected occurrence that requires immediate action 32 |
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| 187 | 187 | | to protect the public. If an emergency meeting is called, a meeting notice and agenda shall be posted 33 |
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| 188 | 188 | | as soon as practicable and shall be electronically filed with the secretary of state pursuant to 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC001932 - Page 6 of 8 |
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| 192 | 192 | | subsection (f) and, upon meeting, the public body shall state for the record and minutes why the 1 |
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| 193 | 193 | | matter must be addressed in less than forty-eight (48) hours in accordance with subsection (b) of 2 |
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| 194 | 194 | | this section and only discuss the issue or issues that created the need for an emergency meeting. 3 |
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| 195 | 195 | | Nothing contained herein shall be used in the circumvention of the spirit and requirements of this 4 |
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| 196 | 196 | | chapter. 5 |
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| 197 | 197 | | (d) Nothing within this chapter shall prohibit any public body, or the members thereof, 6 |
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| 198 | 198 | | from responding to comments initiated by a member of the public during a properly noticed open 7 |
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| 199 | 199 | | forum even if the subject matter of a citizen’s comments or discussions were not previously posted, 8 |
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| 200 | 200 | | provided such matters shall be for informational purposes only and may not be voted on except 9 |
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| 201 | 201 | | where necessary to address an unexpected occurrence that requires immediate action to protect the 10 |
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| 202 | 202 | | public or to refer the matter to an appropriate committee or to another body or official. Nothing 11 |
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| 203 | 203 | | contained in this chapter requires any public body to hold an open-forum session to entertain or 12 |
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| 204 | 204 | | respond to any topic nor does it prohibit any public body from limiting comment on any topic at 13 |
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| 205 | 205 | | such an open-forum session. No public body, or the members thereof, may use this section to 14 |
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| 206 | 206 | | circumvent the spirit or requirements of this chapter. 15 |
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| 207 | 207 | | (e) A school committee may add agenda items not appearing in the published notice 16 |
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| 208 | 208 | | required by this section under the following conditions: 17 |
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| 209 | 209 | | (1) The revised agenda is electronically filed with the secretary of state pursuant to 18 |
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| 210 | 210 | | subsection (f), and is posted on the school district’s website and the two (2) public locations 19 |
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| 211 | 211 | | required by this section at least forty-eight (48) hours in advance of the meeting in accordance with 20 |
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| 212 | 212 | | subsection (b) of this section; 21 |
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| 213 | 213 | | (2) The new agenda items were unexpected and could not have been added in time for 22 |
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| 214 | 214 | | newspaper publication; 23 |
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| 215 | 215 | | (3) Upon meeting, the public body states for the record and minutes why the agenda items 24 |
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| 216 | 216 | | could not have been added in time for newspaper publication and need to be addressed at the 25 |
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| 217 | 217 | | meeting; 26 |
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| 218 | 218 | | (4) A formal process is available to provide timely notice of the revised agenda to any 27 |
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| 219 | 219 | | person who has requested that notice, and the school district has taken reasonable steps to make the 28 |
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| 220 | 220 | | public aware of this process; and 29 |
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| 221 | 221 | | (5) The published notice shall include a statement that any changes in the agenda will be 30 |
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| 222 | 222 | | posted on the school district’s website and the two (2) public locations required by this section and 31 |
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| 223 | 223 | | will be electronically filed with the secretary of state at least forty-eight (48) hours in advance of 32 |
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| 224 | 224 | | the meeting in accordance with subsection (b) of this section. 33 |
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| 225 | 225 | | (f) All notices required by this section to be filed with the secretary of state shall be 34 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | LC001932 - Page 7 of 8 |
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| 229 | 229 | | electronically transmitted to the secretary of state in accordance with rules and regulations that shall 1 |
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| 230 | 230 | | be promulgated by the secretary of state. This requirement of the electronic transmission and filing 2 |
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| 231 | 231 | | of notices with the secretary of state shall take effect one year after this subsection takes effect. 3 |
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| 232 | 232 | | (g) If a public body fails to transmit notices in accordance with this section, then any 4 |
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| 233 | 233 | | aggrieved person may file a complaint with the attorney general in accordance with § 42-46-8. 5 |
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| 234 | 234 | | (h) All city and town councils, all elected and appointed school boards and school 6 |
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| 235 | 235 | | committees, all zoning boards, all planning boards, and all quasi-public boards, agencies, and 7 |
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| 236 | 236 | | corporations (as defined in § 42-155-3 and provided for in the findings in § 42-155-2) shall provide 8 |
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| 237 | 237 | | members of the public with the opportunity to attend open public meetings contemporaneously by 9 |
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| 238 | 238 | | remote methods without subscription, toll, or similar charge to the public. If the above-described 10 |
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| 239 | 239 | | bodies provide an opportunity for public comment during the public meeting, an effective means 11 |
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| 240 | 240 | | of communication between all members of the public body and all members of the public in 12 |
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| 241 | 241 | | attendance, either in person or remotely, shall be provided. Notice of the meeting provided pursuant 13 |
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| 242 | 242 | | to this section shall include instructions for the public to attend and comment by means of 14 |
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| 243 | 243 | | videoconferencing technology. The public body shall ensure that the meeting is recorded, make the 15 |
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| 244 | 244 | | recording available online within twenty-four (24) hours of adjournment of the meeting on the 16 |
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| 245 | 245 | | secretary of state's website, and retain a copy for public inspection for a period of no less than five 17 |
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| 246 | 246 | | (5) years. 18 |
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| 247 | 247 | | SECTION 2. This act shall take effect upon passage. 19 |
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| 248 | 248 | | ======== |
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| 249 | 249 | | LC001932 |
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| 251 | 251 | | |
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| 252 | 252 | | |
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| 253 | 253 | | LC001932 - Page 8 of 8 |
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| 254 | 254 | | EXPLANATION |
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| 255 | 255 | | BY THE LEGISLATIVE COUNCIL |
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| 256 | 256 | | OF |
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| 257 | 257 | | A N A C T |
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| 258 | 258 | | RELATING TO STATE AFFAIRS AND GOVERNMENT-- OPEN MEETINGS |
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| 259 | 259 | | *** |
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| 260 | 260 | | This act would amend the Open Meetings law to permit members of a public body that is 1 |
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| 261 | 261 | | solely advisory in nature to participate remotely using videoconferencing technology in open public 2 |
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| 262 | 262 | | meetings of the public body, provided that certain requirements are met. This act would also 3 |
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| 263 | 263 | | provide additional rules for municipal councils, boards, school committees, and other entities to 4 |
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| 264 | 264 | | follow regarding remote attendance by the public at public meetings, and would direct those bodies 5 |
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| 265 | 265 | | to provide an effective means of communication for the public to provide comment if there is an 6 |
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| 266 | 266 | | opportunity for public comment at the meeting. 7 |
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| 267 | 267 | | This act would take effect upon passage. 8 |
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| 268 | 268 | | ======== |
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| 269 | 269 | | LC001932 |
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| 271 | 271 | | |
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