§ 42-46-8 - Remedies available to aggrieved persons or entities.
SECTION 42-46-8
§ 42-46-8 Remedies available to aggrievedpersons or entities. – (a) Any citizen or entity of the state who is aggrieved as a result ofviolations of the provisions of this chapter may file a complaint with theattorney general. The attorney general shall investigate the complaint and ifthe attorney general determines that the allegations of the complaint aremeritorious he or she may file a complaint on behalf of the complainant in thesuperior court against the public body.
(b) No complaint may be filed by the attorney general afterone hundred eighty (180) days from the date of public approval of the minutesof the meeting at which the alleged violation occurred, or, in the case of anunannounced or improperly closed meeting, after one hundred eighty (180) daysfrom the public action of a public body revealing the alleged violation,whichever is greater.
(c) Nothing within this section shall prohibit any individualfrom retaining private counsel for the purpose of filing a complaint in thesuperior court within the time specified by this section against the publicbody which has allegedly violated the provisions of this chapter; provided,however, that if the individual has first filed a complaint with the attorneygeneral pursuant to this section, and the attorney general declines to takelegal 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 hundredeighty (180) days of the alleged violation, whichever occurs later.
(d) The court shall award reasonable attorney fees and coststo a prevailing plaintiff, other than the attorney general, except wherespecial circumstances would render such an award unjust. The court may issueinjunctive relief and declare null and void any actions of a public body foundto be in violation of this chapter. In addition, the court may impose a civilfine not exceeding five thousand dollars ($5,000) against a public body or anyof its members found to have committed a willful or knowing violation of thischapter.
(e) Nothing within this section shall prohibit the attorneygeneral from initiating a complaint on behalf of the public interest.
(f) Actions brought under this chapter may be advanced on thecalendar upon motion of the petitioner.
(g) The attorney general shall consider all complaints filedunder this chapter to have also been filed under § 38-2-8(b) if applicable.