RI 2026 S2496: State Affairs and Government - Open Meetings

Plain-English Summary

This legislation amends the state's Open Meetings laws to provide an accommodation for members of public bodies who are pregnant or have recently given birth. Specifically, it allows a member to participate in meetings via electronic communication or telephone if they are pregnant or have given birth within the past six months. The bill also clarifies that these members are permitted to vote electronically, provided that the meeting itself is being held in person by the rest of the public body.

For younger readers

Sometimes, the people elected to help run our towns and schools have to go to meetings to vote on rules. Usually, the law says they have to be there in person. This new rule says that if a woman is going to have a baby soon or just had a baby in the last six months, she can use a computer or phone to join the meeting from home. This lets her still do her job and vote while taking care of her health and her new baby.

Who & Where It Applies

Impacted groups

Pregnant public officialsNew mothers in public officePublic bodiesVotersMunicipal Clerks

Impacted communities

All

Constitutional & Fiscal Check

None Likely

Estimated cost

None

Estimated revenue

None

Bill Analysis

Both viewpoints

For Progressives

Promotes gender equity and inclusion by removing barriers for pregnant individuals and new mothers to serve in public office, ensuring their voices remain in decision-making processes.
Protects the health and well-being of pregnant individuals and new parents by allowing them to avoid physical travel and exposure while recovering or caring for a newborn.
Encourages civic participation and retention of diverse talent in local government by accommodating significant life events like childbirth without forcing a resignation or absence.
Could be viewed as too narrow in scope by failing to extend similar remote participation rights to individuals with other types of caregiving responsibilities or health conditions.
Remote participation might reduce the opportunity for direct public accountability and in-person pressure that is often more effective during physical meetings.
May create a slippery slope where remote participation becomes more common for various reasons, potentially diluting the communal nature of public governance.

For Conservatives

Supports traditional family values by allowing mothers to balance their public service duties with the immediate needs of pregnancy and newborn care.
Ensures that public bodies can maintain a quorum and continue business efficiently without delays caused by inevitable medical absences related to childbirth.
Allows elected or appointed officials to fulfill their duties to their constituents rather than being forced to miss votes due to physical limitations.
Erodes the traditional requirement of in-person attendance, which ensures officials are physically present to face their constituents and colleagues.
Could lead to abuse of remote privileges, making it easier for officials to avoid difficult in-person confrontations or scrutiny from the public.
Sets a precedent for expanding remote voting to other groups, potentially undermining the seriousness and solemnity of legislative and administrative proceedings.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 9 additions

SECTION 1. Section 42-46-5 of the General Laws in Chapter 42-46 entitled "Open Meetings" is hereby amended to read as follows: 42-46-5. Purposes for which meeting may be closed — Use of electronic communications — Judicial proceedings — Disruptive conduct.

(a) A public body may hold a meeting closed to the public pursuant to § 42-46-4 for one or more of the following purposes:

(1) Any discussions of the job performance, character, or physical or mental health of a person or persons provided that the person or persons affected shall have been notified in advance in writing and advised that they may require that the discussion be held at an open meeting. Failure to provide notification shall render any action taken against the person or persons affected null and void. Before going into a closed meeting pursuant to this subsection, the public body shall state for the record that any persons to be discussed have been so notified and this statement shall be noted in the minutes of the meeting.

(2) Sessions pertaining to collective bargaining or litigation, or work sessions pertaining to collective bargaining or litigation.

(3) Discussion regarding the matter of security including, but not limited to, the deployment of security personnel or devices.

(4) Any investigative proceedings regarding allegations of misconduct, either civil or criminal.

(5) Any discussions or considerations related to the acquisition or lease of real property for public purposes, or of the disposition of publicly held property wherein advanced public information would be detrimental to the interest of the public.

(6) Any discussions related to or concerning a prospective business or industry locating in the state of Rhode Island when an open meeting would have a detrimental effect on the interest of the public.

(7) A matter related to the question of the investment of public funds where the premature disclosure would adversely affect the public interest. Public funds shall include any investment plan or matter related thereto, including, but not limited to, state lottery plans for new promotions.

(8) Any executive sessions of a local school committee exclusively for the purposes:

(i) Of conducting student disciplinary hearings; or

(ii) Of reviewing other matters that relate to the privacy of students and their records, including all hearings of the various juvenile hearing boards of any municipality; provided, however, that any affected student shall have been notified in advance in writing and advised that the student may require that the discussion be held in an open meeting. Failure to provide notification shall render any action taken against the student or students affected null and void. Before going into a closed meeting pursuant to this subsection, the public body shall state for the record that any students to be discussed have been so notified and this statement shall be noted in the minutes of the meeting.

(9) Any hearings on, or discussions of, a grievance filed pursuant to a collective bargaining agreement.

(10) Any discussion of the personal finances of a prospective donor to a library.

(b) No meeting of members of a public body or use of electronic communication, including telephonic communication and telephone conferencing, shall be used to circumvent the spirit or requirements of this chapter; provided, however, these meetings and discussions are not prohibited.

(1) Provided, further however, that discussions of a public body via electronic communication, including telephonic communication and telephone conferencing, shall be permitted only to schedule a meeting, except as provided in this subsection.

(2) Provided, further however, that a member of a public body may participate by use of electronic communication or telephone communication while on active duty in the armed services of the United States.

(3) Provided, further however, that a member of that public body, who has a disability as defined in chapter 87 of this title and:

(i) Cannot attend meetings of that public body solely by reason of the member’s disability; and

(ii) Cannot otherwise participate in the meeting without the use of electronic communication or telephone communication as reasonable accommodation, may participate by use of electronic communication or telephone communication in accordance with the process below.

(4) The governor’s commission on disabilities is authorized and directed to:

(i) Establish rules and regulations for determining whether a member of a public body is not otherwise able to participate in meetings of that public body without the use of electronic communication or telephone communication as a reasonable accommodation due to that member’s disability;

(ii) Grant a waiver that allows a member to participate by electronic communication or telephone communication only if the member’s disability would prevent the member from being physically present at the meeting location, and the use of such communication is the only reasonable accommodation; and

(iii) Any waiver decisions shall be a matter of public record.

(5) The university of Rhode Island board of trustees members, established pursuant to § 16-32-2, are authorized to participate remotely in open public meetings of the board; provided, however, that:

(i) The remote members and all persons present at the meeting location are clearly audible and visible to each other;

(ii) A quorum of the body is participating;

(iii) If videoconferencing is used to conduct a meeting, the public notice for the meeting shall inform the public that videoconferencing will be used and include instructions on how the public can access the virtual meeting; and

(iv) The board shall adopt rules defining the requirements of remote participation including its use for executive session, and the conditions by which a member is authorized to participate remotely.

(6) The Rhode Island Life Science Hub board of directors, established pursuant to § 23- 99-4, is authorized to participate remotely in open public meetings of the board, in accordance with the provisions of § 23-99-4(c).

(7) Provided, further however, that any member of a public body that is pregnant or has given birth within the past six (6) months, may participate by use of electronic communication or telephone communication in accordance with the process set forth in this subsection.

(8) Provided, further however, that any member of a public body that participates by use of electronic communication or telephone communication in accordance with the process set forth in this subsection, may be permitted to vote by means of electronic communication or telephone communication, provided that the meeting is held in person.

(c) This chapter shall not apply to proceedings of the judicial branch of state government or probate court or municipal court proceedings in any city or town.

(d) This chapter shall not prohibit the removal of any person who willfully disrupts a meeting to the extent that orderly conduct of the meeting is seriously compromised.

SECTION 2. This act shall take effect upon passage.