AG 95-07.

• Case Date: May 30, 1995
• Court: Rhode Island

Rhode Island Attorney General Opinions 1995. AG 95-07. OFFICIAL OPINION 95-07May 30, 1995Ms. Linda G. Martin61 Lions DriveWest Warwick, RI 02893Re: Martin v. West Warwick School Committee's Budget & Review CommitteeOur File No.: OM95-0142 Dear Ms. Martin: The investigation into your Open Meetings Act complaint against the West Warwick School Committee's Budget and Review Committee (the "Budget Committee") is complete. You allege that in violation of R. I. Gen. Laws §§42-46-1 et seq., the Open Meetings Act (the "Act"), the Budget Committee held a closed meeting on March 2, 1995 to discuss its recommendations concerning the 1995-96 school budget. In response to your complaint, this Department contacted attorney David G. Lussier who represents the Committee. The Budget Committee consisted of six members appointed by the West Warwick School Committee. According to Mr. Lussier, the purpose of the Budget Committee was to make recommendations to the School Committee regarding the 1995-96 school budget. The Budget Committee had no decision making authority with respect to the preparation of the budget; that authority rests with with the School Committee. See R. I. Gen. Laws §16-2-18. Consequently, the School Committee would have to approve the Budget Committee's recommendations in order for those recommendations to become part of the budget. According to Attorney Lussier, on April 10, 1995 the School Committee adopted its budget during an open meeting. Also on that date, the Budget Committee disbanded. It is Mr. Lussier's position that the Committee should not be subject to the requirements of the Act because it was an advisory committee and had no decision making authority. Thus, Mr. Lussier contends that the Budget Committee is not subject to the provisions of the Act. This Department disagrees. The Open Meetings Act governs the conduct of public bodies and provides that "[e]very meeting of all public bodies shall be open to the public ..." unless properly closed for the reasons set forth in the Act. R.I. Gen. Laws §42-46-3. A "public body" includes any department, agency, commission, committee, board, council, bureau or authority of state or municipal government, or any subdivision thereof. R. I. Gen. Laws §42-46-2(c). A "meeting" is defined as "... the convening of a public body to discuss and/or act upon a matter over...