OM 99-06 (1999).
Case Date | May 07, 1999 |
Court | Rhode Island |
Rhode Island Attorney General Opinions
1999.
OM 99-06 (1999).
State of Rhode
IslandDepartment of the Attorney GeneralOM 99-06 (1999)OM 99-06 North Providence School CommitteeOM
Advisory 99-06May 7,
1999Benjamin M.
Scungio, Esq.Providence, Rhode Island 02908Re: North Providence School
CommitteeRequest for Open Meetings Act Advisory Opinion
Dear Mr. Scungio:
We acknowledge receipt of your letter faxed to this Department on
May 7, 1999. You represent the North Providence School Department and, in that
capacity, you are requesting an advisory opinion to the North Providence School
Committee on the Open Meetings Act.
In your letter you relate that the North Providence Town Council
(Town Council) has requested the attendance of the North Providence School
Committee (School Committee) at a special meeting of the Town Council scheduled
to be held on May 10, 1999. You relate that the Town Council desires to discuss
with the School Committee the efficacy of making the truant officer position
full time. The truant officer is a school department position. You acknowledge
that this is "clearly school committee business", and in statement number 6 in
your letter, you represent that "[t]he School Committee does not have time to
advertise this meeting as a School Committee meeting."
You are requesting an advisory opinion concerning the
applicability of the Open Meetings Act to the School Committee if the School
Committee were to meet with the Town Council in open and/or closed
session.
Benjamin M. Scungio, Esq.
May 7, 1999
Page Two
The Act mandates that all "public bodies" hold open meetings
unless closed pursuant to R.I. Gen. Laws §§ 42-46-4 and 42-46-5. A
"meeting" is defined as "the convening of a public body to discuss and/or act
upon a matter over which the public body has supervision, control,
jurisdiction, or advisory power." R.I. Gen. Laws § 42-46-2(a). Based on
your representations, this Department must conclude that a "meeting" of the
School Committee would be convened on May 10, 1999, for purposes of the Open
Meetings Act because: (1) you represent in statement number 6 that the School
Committee does not have time to advertise this as a School Committee meeting;
(2) the position of truant officer is "clearly school committee business"; and
(3) this Department does not have a more detailed description of the extent of
the School...
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