ADV OM 99-13 (1999).

Case DateMarch 10, 1999
CourtRhode 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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