§ 42-46-5 - Purposes for which meeting may be closed – Use of electronic communications – Judicial proceedings – Disruptive conduct.
SECTION 42-46-5
§ 42-46-5 Purposes for which meeting maybe closed – Use of electronic communications – Judicial proceedings– Disruptive conduct. – (a) A public body may hold a meeting closed to the public pursuant to §42-46-4 for one or more of the following purposes:
(1) Any discussions of the job performance, character, orphysical or mental health of a person or persons provided that such person orpersons affected shall have been notified in advance in writing and advisedthat they may require that the discussion be held at an open meeting.
Failure to provide such notification shall render any actiontaken against the person or persons affected null and void. Before going into aclosed meeting pursuant to this subsection, the public body shall state for therecord that any persons to be discussed have been so notified and thisstatement shall be noted in the minutes of the meeting.
(2) Sessions pertaining to collective bargaining orlitigation, 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 ofmisconduct, either civil or criminal.
(5) Any discussions or considerations related to theacquisition or lease of real property for public purposes, or of thedisposition of publicly held property wherein advanced public information wouldbe detrimental to the interest of the public.
(6) Any discussions related to or concerning a prospectivebusiness or industry locating in the state of Rhode Island when an open meetingwould have a detrimental effect on the interest of the public.
(7) A matter related to the question of the investment ofpublic funds where the premature disclosure would adversely affect the publicinterest. Public funds shall include any investment plan or matter relatedthereto, including, but not limited to, state lottery plans for new promotions.
(8) Any executive sessions of a local school committeeexclusively for the purposes: (i) of conducting student disciplinary hearings;or (ii) of reviewing other matters which relate to the privacy of students andtheir records, including all hearings of the various juvenile hearing boards ofany municipality; provided, however, that any affected student shall have beennotified in advance in writing and advised that he or she may require that thediscussion be held in an open meeting.
Failure to provide such notification shall render any actiontaken against the student or students affected null and void. Before going intoa closed meeting pursuant to this subsection, the public body shall state forthe record that any students to be discussed have been so notified and thisstatement shall be noted in the minutes of the meeting.
(9) Any hearings on, or discussions of, a grievance filedpursuant to a collective bargaining agreement.
(10) Any discussion of the personal finances of a prospectivedonor to a library.
(b) No meeting of members of a public body or use ofelectronic communication, including telephonic communication and telephoneconferencing, shall be used to circumvent the spirit or requirements of thischapter; provided, however, these meetings and discussions are not prohibited.
(1) Provided, further however, that discussions of a publicbody via electronic communication, including telephonic communication andtelephone conferencing, shall be permitted only to schedule a meeting.
(2) Provided, further however, that a member of a public bodymay participate by use of electronic communication or telephone communicationwhile on active duty in the armed services of the United States.
(3) Provided, further however, that a member of that publicbody, who has a disability as defined in chapter 87 of title 42 and:
(i) Cannot attend meetings of that public body solely byreason of his or her disability; and
(ii) Cannot otherwise participate in the meeting without theuse of electronic communication or telephone communication as reasonableaccommodation, may participate by use of electronic communication or telephonecommunication in accordance with the process below.
(4) The governor's commission on disabilities is authorizedand directed to:
(i) Establish rules and regulations for determining whether amember of a public body is not otherwise able to participate in meetings ofthat public body without the use of electronic communication or telephonecommunication as a reasonable accommodation due to that member's disability;
(ii) Grant a waiver that allows a member to participate byelectronic communication or telephone communication only if the member'sdisability would prevent him/her from being physically present at the meetinglocation, and the use of such communication is the only reasonableaccommodation; and
(iii) Any waiver decisions shall be a matter of public record.
(c) This chapter shall not apply to proceedings of thejudicial branch of state government or probate court or municipal courtproceedings in any city or town.
(d) This chapter shall not prohibit the removal of any personwho willfully disrupts a meeting to the extent that orderly conduct of themeeting is seriously compromised.