I. Call to Order/Roll Call

Council President deMedeiros called the meeting to order at 7:00 pm.

Members present

Solicitor Marcello, Town Administrator Cotta and Deputy Clerk Veegh were also present along with several other members of local town boards and commissions.

II. Pledge of Allegiance          

III. New Business

       A. Presentation and Overview by Town Solicitor related to the Open Meeting Act and its application to
            all town boards and commissions, general discussion, questions and answers

Solicitor Marcello opened his presentation accompanied with a supplied document entitled OPEN MEETINGS ACT BASICS. He explained the general purpose of the law is to make sure public business is performed in an open and public manner to ensure citizens of the town know what is going on and how decisions are being made. He clarified when the Open Meeting Act would apply, referring to the “Rule of Three” requiring all three components to trigger to requirements. 1. Quorum – being a simple majority of the membership of a public body. 2. Public Body – any department, agency, commission, committee, board, council, bureau, or authority of state or municipal government. 3. Meeting – the convening of a public body to discuss and/or act upon a matter over which the public body has supervision, control, jurisdiction or adversary power.

Marcello warned of engaging in “rolling or walking quorums” which he described as a series of meeting each less than a quorum but that collectively represent a quorum and gave several examples. 

He furthered that the law does allow closed executive sessions where meeting outside of the public eye is permitted. In order to legally hold a closed session, one of ten conditions must be met, such as job performance, collective bargaining, litigation strategy, sale or lease of public land, etc.

The Solicitor detailed the mechanics of holding a closed session: 1. The vote to go into closed session must be in open session. 2. Must state in open session the statuary exception that you are closing it under. He warned against speaking about any other matter not listed on the agenda. 3. When closed session ends, the following steps must be taken. a. Accept motion to adjourn and keep minutes sealed. b. In open session, entertain another motion to seal the minutes and take a vote to close them. c. Disclose any votes taken in closed session. Marcello clarified that “a vote taken in closed session need not be disclosed for the period of time during which disclosure would jeopardize any strategy or negotiation undertaken….”  

The Solicitor moved on to annual notices, explaining the importance of posting on the Rhode Island Secretary of State’s website, written notice of regularly scheduled meetings which should include dates, times, and places. Supplemental notices of the meetings must be posted at least 48 hours (excluding weekends and holidays) prior to the meeting electronically to the Secretary of State’s website as well as posting at the principal office of the public body holding the meeting. If no principal office exists, at the building where the meeting it to be held and at least one other prominent place in the governmental unit. The notice must include the date the notice was posted, the date/time/place of the meeting, and a statement specifying the nature of the business to be discussed. He recommended to be as specific as possible. Marcello explained that it was possible to add to the agenda by majority vote for discussion only.

Marcello clarified meeting minutes must at a minimum include 1. Date, time and place of meeting, 2. Members of the public body recorded as present or absent, 3. Record of individual members of any vote taken, 4. Any other information relevant to the business of the public body that any member of the public body requests be reflected in the minutes. He furthered that a record of all votes taken must be available at the office of the public body within two weeks of the vote. “Unofficial” or draft minutes are due within 35 days of the meeting or at the next regular meeting whichever is earlier. After they are accepted and become “official” they must be posted on the Secretary of State’s website within 35 days of the meeting.

Finally, Marcello noted that under ordinary circumstances, physical attendance or members is required with limited exceptions. Executive Order No. 46 allowed members to participate electronically as long as they and the public have access and car participate in the meeting by “adequate alternative means.” Basic rules for electronic meeting included: He reminded that all votes must be roll call votes and members should announce their names when speaking, referring to a best practices handout from the state included. He finished with a recommendation to quasi-judicial members refrain from posting opinions to social media, especially where a bias accusation could be made.

      B. Public Participation

Brief discussion ensued and the Solicitor answered some of the participants’ general questions. He referred all to access OMA information on the RI Attorney General’s website. No members of the public commented or raised additional questions.

IV. Adjournment

Councilor Perry motioned to adjourn, seconded by Councilor Janick. The motion passed unanimously. The meeting adjourned at 8:04 p.m.

For full discussion of this special meeting, please refer to the video.

A True Copy.

ATTEST_______________________________________

                 Jean Marie Veegh, Deputy Town Clerk