Dimitri, 120717 RIAGO, AGO ADV OM 17-3

• Case Date: December 07, 2017
• Court: Rhode Island

Attorney William Dimitri AGO ADV OM 17-3 No. ADV OM 17-03 Rhode Island Attorney General Opinion State of Rhode Island and Providence Plantations December 7, 2017           Peter E Kilmartin, Attorney General          Attorney W. Keith Burlingame          In Re: Amendment to RJ. Gen. Laws S 42-46-7(d)          Dear Attorneys Dimitri and Burlingame:          In your capacities as legal counsel for the Town of Burrillville ('Town") and the Rhode Island Fire Safety Code Board of Appeal & Review ("Board"), respectively, you have requested an Open Meetings Act ("OMA") advisory opinion. You seek this Department's advice concerning the interpretation of the recently amended R.I. Gen. Laws § 42-46-7(d). In relevant part, and as discussed further below, this amendment provides that "[a]ll public bodies shall keep official and/or approved minutes of all meetings of the body and shall file a copy of the minutes of all open meetings with the secretary of state for inspection by the public within thirty-five (35) days of the meeting; provided that this subsection shall not apply to public bodies whose responsibilities are solely advisory in nature." R.I. Gen. Laws § 42-46-7(d).          Attorney Burlingame's request states, in relevant part:

"I am seeking an OMA Advisory Opinion as to the application of RIGL section 42-46-7(d) to public bodies that meet less frequently than every thirty-five (35) days.

Following a regularly scheduled meeting, a record of any vote taken is available to the public body within 2 weeks and unofficial minutes are available within the 35 days in accordance with RIGL [§] 42-46-7(b)(1).

As the next regularly scheduled meeting at which the unofficial minutes may be approved to become official and/or approved minutes may be 60 days (or longer), there seems to be no practical way to avoid violating this provision short of convening a meeting for the sole purpose of approving minutes. Given the volunteer membership status of the body, that is not a practical or reasonable solution."

         Attorney Dimitri asks, in pertinent part:

"Would it be appropriate, or more specifically, would we be in compliance if the Town posted 'unofficial' minutes within thirty-five (35) days until such board meets again and approves the minutes of the last meeting?"

         At the outset, we note that in examining a provision of the OMA we are mindful that our mandate is not to substitute this Department's independent judgment concerning the language of the statute, but instead, to interpret and enforce the OMA as the General Assembly has written this law and as the Rhode Island Supreme Court has interpreted its provisions...