OM 99-12 (1999).

• Case Date: September 14, 1999
• Court: Rhode Island

Rhode Island Attorney General Opinions 1999. OM 99-12 (1999). State of Rhode IslandDepartment of the Attorney GeneralOM 99-12 (1999)OM 99-12 Health Services CouncilOM Advisory 99-12September 14, 1999Joseph G. Miller, EsquireWarwick, Rhode Island 02888Re: Health Services CouncilRequest for Open Meetings Act Advisory Opinion Dear Mr. Miller: You are the legal counsel for the Department of Health serving the office of Health Systems Development, which acts as staff for the Rhode Island Health Services Council. In this capacity, you are requesting an advisory opinion on behalf of the Health Services Council. You relate that "[a]ccording to the By-Laws of the Health Services Council, officers are elected for a term of one year and the officers are elected by the membership of the Council." In addition, you state that the Health Services Council's By-Laws has a provision, which forms the basis of your request for an advisory opinion, that the "elections of officers shall be conducted by secret written ballot." You question whether this secret ballot provision violates R.I. Gen. Laws § 42-46-1 et. seq., the Open Meetings Act (OMA). At the outset we note that it is unclear from your request whether the election of officers occurs in open or closed session. This ambiguity does not affect our analysis, however, because we are of the opinion that convening in executive session to vote for officers, through a secret ballot process or otherwise, is not a proper topic for closed session. See R.I. Gen. Laws § 42-46-5(a)(1)-(8). See also Graziano v. R.I. Lottery Commission, OM 99-06 ("[U]nder § 42-46-5(a)(1) . . . the public body must limit itself to 'discussions' and any votes must be taken in open session"). Having addressed this preliminary matter, we proceed to address the substance of your request, "would a[n open session] secret ballot vote for the election of officers constitute a violation of the Open Meetings Law, R.I.G.L. Chapter 42-46?" For the reasons that follow, we answer this question in the affirmative. Joseph G. Miller, Esq. September 14, 1999 Page 2 of 3 The OMA does not address the precise factual situation that you pose, specifically, whether the members of a public body may cast a secret ballot vote in open session. As such, "when confronted with an unclear or ambiguous statute, there is room for statutory construction...