ADV OM 99-13 (1999).
Case Date | March 10, 1999 |
Court | Rhode Island |
Rhode Island Attorney General Opinions
1999.
ADV OM 99-13 (1999).
State of Rhode
IslandDepartment of the Attorney GeneralADV OM 99-13 (1999)AVD OM 99-13 Inspector Paul DutraMarch 10, 1999Warwick Police DepartmentWarwick, RI 02886
Attn.: Dear Inspector Dutra:
I acknowledge receipt of your letter dated February 3, 1999 in
which you request that this Department render an advisory opinion regarding the
Open Meetings Law.
You relate that Mayor Lincoln Chafee of the City of Warwick has
appointed a three-member committee to advise him in the Warwick Board of Public
Safety relative to the hiring of a new Chief of Police for the City. The
committee members include the Board of Public Safety Chairman Diana Pearson,
the Mayor's Chief of Staff Burke Sarno and yourself. It will be the committee's
responsibility to work with the International Association of Chiefs of Police
(I.A.C.P.) or other professional advisors to conduct the business listed below.
You request an advisory opinion as to whether this committee is a "public body"
under the Rhode Island Open Meetings Law, and if so, which aspects of your
function must be open to the public. Specifically, you state that you foresee
the following as issues to be addressed by the committee:
1. Meeting with representative of the I.A.C.P, or similar
personnel search advisors, to establish an in-depth search process.
2. Meeting with the same to establish performance and character
qualifications for successful candidates for Chief of Police.
3. Meet with the same to establish candidate qualification
criteria and develop questions to explore same.
4. Meet with same and alone as committee to review the
qualifications and background investigations of candidates.
Inspector Dutra
Warwick Police Department
March 10, 1999
Page Two
5. Meet with same and alone as committee to determine which
candidate (based on qualifications, background investigations, performance
evaluation and character traits) should be recommended to the Mayor and Board
of Public Safety for Chief of Police.
This Department's response is as follows:
The Open Meetings Act, specifically, R.I. Gen. Laws §
42-46-2 (c) defines a public body as "any department, agency, commission,
committee, board, counsel, bureau, or authority or any subdivision thereof of
State or municipal government, and shall include all authorities defined in
§ 42-35-1 (b). Any entity...
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