OM 99-14 (1999).

• Case Date: October 06, 1999
• Court: Rhode Island

Rhode Island Attorney General Opinions 1999. OM 99-14 (1999). State of Rhode IslandDepartment of the Attorney GeneralOM 99-14 (1999)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 person may...