Attachments

Attorney General's open meetings guidance

Governor's open meetings executive order

EAST PROVIDENCE  — Bowing to a bit of pressure from municipalities and community groups, Gov. Dan McKee issued an executive order late last week temporarily amending the state’s open meeting law to once again allow town and city gathers to be conducted virtually in the face of a COVID-19, omicron variant spike.

McKee’s edict (see attached) on January 6, granting permission for remote participation of both officials and the public, “shall take effect immediately and remain in full force and effect until February 4, 2022 unless renewed, modified or terminated by subsequent Executive Order.”

In his words, the governor, who has engaged in a spat with State Senate president Dominick Ruggerio over which branch of government should address the issue of revising the open meetings act during the pandemic, relented  “given the recent surge in both the Delta and Omicron variants and Rhode Island’s understaffed hospitals and healthcare facilities, I have taken a comprehensive set of actions designed to further limit the spread of COVID-19, including indoor masking and/or proof of vaccination.”

He wrote as well in the order, “it is essential to the maintenance of a democratic society that public business be performed in an open and public manner and that the citizens be advised of and aware of the performance of public officials and the deliberations and decisions that go into the making of public policy.”

In the last legislative session ending in June 2021, the Rhode Island House of Representatives passed a revised version of the open meetings act with a two-year contingency allowing for remote gatherings to take place during the COVID-19 pandemic. However, the Senate failed to reconcile the bill and it went no further.

McKee later last summer let expire an executive order issued by his predecessor, Gina Raimondo, authorizing virtual meetings to take place during the pandemic. All meetings returned to the in-person requirement in August of 2021.

As first the delta then the omicron COVID-19 variants surged throughout the fall and into the winter, residents and advocacy groups called on state officials to revisit the matter. McKee wanted the General Assembly to take up the issue immediately upon the start of the 2022 session last week while Ruggerio said the governor should issue another executive order while proper deliberations took place in both chambers on a revised bill.

The office of Attorney General Peter F. Neronha, later January 6, provided guidance on how meetings can be held virtually and legally (also see attached).

Key to the latter is providing “adequate alternative means of public access” to the remote forums. The AG’s office describe that aspect as follows: “‘Adequate alternative means’ may include conferencing via telephone or video in a manner that allows the public to follow the meeting in real time. Any adequate alternative means of public access must be provided to the public at no cost. The public body must make the teleconferencing number or audio/video link available to the public. The public body should provide this information in the meeting agenda or state in the agenda where the information is available.”

In East Providence, Mayor Bob DaSilva issued his own executive order prior to that of the governor cancelling municipal board meetings throughout the first half of January at least in response to the omicron surge locally. Also, the January 4 City Council meeting was cancelled after Ward 1 member and body president Bob Britto tested positive for the virus and At-Large member Bob Rodericks was also in pandemic protocols.

On Friday, Jan. 7, DaSilva said, upon the governor’s directive, all boards and commissions will allow for virtual public participation when required. A memorandum stating such was sent to all board and commission chairs as well as department heads.

“We appreciate Gov. McKee’s leadership. This executive order allows us to serve our community in a safe manner until we get this surge under control,” DaSilva added.