ADV OM 00-01 (2000).

• Case Date: February 04, 2000
• Court: Rhode Island

Rhode Island Attorney General Opinions 2000. ADV OM 00-01 (2000). State of Rhode IslandDepartment of the Attorney GeneralADV OM 00-01 (2000)ADV OM 00-01 Request for Open Meetings Act Advisory OpinionAdvisory OM 00-01February 4, 2000Stephen M. Brusini, Esq.Visconti and Boren, Ltd.Providence, Rhode Island 02903Re: Request for Open Meetings Act Advisory OpinionDear Mr. Brusini: I acknowledge receipt of your letter dated January 5, 2000. According to your letter, you serve as legal counsel to several public bodies, two of which "are in the process of conducting preliminary investigations into possible misconduct by various licensed professionals." In this capacity, you request an Open Meetings Act (OMA) advisory opinion. For the purpose of this request, you relate that an "Informal Hearing:" means and refers to a meeting which is conducted prior to a determination of probable cause by the Public Body, at which alleged misconduct is informally discussed between the licensed professional, with or without legal counsel, and the members of the Public Body in order to determine if the matter can and should be resolved ministerially and without further administrative actions or investigation. Furthermore, also for the purpose of this request, you represent that a "Show Cause Hearing:" means and refers to a hearing which is conducted prior to a determination of probable cause by the Public Body, at which the licensed professional with or without legal counsel, is given the opportunity to provide evidence or testimony to the Public Body as to why the Public Body should not pursue a formal complaint and formal hearing, as Stephen M. Brusini, Esq. February 4, 2000 Page 2 of 5 required by statute, against such professional concerning the alleged misconduct. Based upon these two definitions, and your representation that these public bodies "are in the process of conducting preliminary investigations into possible misconduct by various licensed professionals," you pose four (4) questions: 1. Does an "Informal Hearing" constitute an "investigative proceeding" which can therefore be held in closed session under R.I.G.L. § 42-46-5(a)(4)? 2. Does a "Show Cause Hearing" constitute an "investigative proceeding" which can therefore be held in closed session under R.I.G.L. § 42-46-5(a)(4)? 3. If an "Informal Hearing" is held before one or more prosecutors...