ADV OM 99-14 (1999).
Case Date | October 06, 1999 |
Court | Rhode Island |
Rhode Island Attorney General Opinions
1999.
ADV OM 99-14 (1999).
State of Rhode
IslandDepartment of the Attorney GeneralADV OM 99-14 (1999)AVD OM 99-14 Town of New ShorehamAdvisory OM
99-14October 6, 1999Merlyn P. O'Keefe,
EsquirePeace Dale, Rhode Island 02883Re: Town of New ShorehamRequest for Open Meetings Act Advisory Opinion
Dear Mr. O'Keefe:
I acknowledge receipt of your request for an Open Meetings Act
(OMA) advisory opinion. You are the Solicitor for the Town of New Shoreham, and
in that capacity, you request an OMA advisory opinion.
Your request concerns whether R.I. Gen. Laws § 42-46-5(a)(1)
permits an individual who initially decided to have a discussion regarding
his/her job performance, character, or physical or mental health held in
executive session, may, prior to the commencement of the executive session,
change his/her mind and have the discussion held in open session. In
particular, you relate that "[a]t the start of one such meeting, which had been
posted as closed, the employee changed his mind and, without prior notice to
anyone, chose to open the meeting." You believe that "to open a meeting posted
as closed and without posting it as open would be a violation of the Open
Meetings Act." You request this Department's advice.
Before responding to the substance of your request, we believe
that it is necessary to address one important procedural point. It is the
policy of this Department to render advisory opinions to legal counsel for
public bodies with respect to pending action that may implicate the OMA. From a
review of your request, it is apparent that the circumstances that give rise to
your request have already occurred, and thus ordinarily we would respectfully
decline to answer your request. Notwithstanding this Department's policy, we
believe that your request presents a unique set of circumstances likely to
confront many public bodies with little or no time to seek this Department's
advice. Consequently, in an effort to clarify this issue prior to the filing of
a formal complaint, we shall exercise our discretion and waive this
Department's requirement. We proceed to address your request.
Merlyn P. O'Keefe, Esquire
October 6, 1999
Page 2 of 4
The OMA does not address the precise factual situation that you
pose, specifically, whether at the start of a meeting, which had been posted as
closed, the affected...
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