Rhode Island Affiliate, American Civil Liberties Union, Inc. v. Arthur Bernasconi (Rhode Island 1989)

Summary

The court affirmed dismissal of the plaintiffs' complaint challenging closed executive sessions held to discuss and approve a school locker drug search. It held that the subject fell within statutory exceptions to the open-meetings requirement, that the committee's failure to identify the precise statutory subsection was not fatal, and that the alleged agenda and minutes defects did not support relief on the pleaded facts. The case was remanded for further proceedings consistent with the opinion.

Holding

Whether discussion and approval of a school drug-search plan was a proper subject for a closed executive session.. The alleged discussion and approval of the drug search was exempt from the requirement that public meetings remain open because it implicated school security and could involve or lead to investigative proceedings concerning civil or criminal misconduct.

Whether failure to identify the precise statutory subsection authorizing the closed session stated a claim.. The defendants' failure to cite the exact subsection of the Open Meetings Law was not fatal because the drug-search discussion was a proper subject for a closed meeting.

Whether omission of the drug-search matter from the meeting agendas violated the agenda-notice requirement.. The alleged failure to include the drug-search matter on the agendas did not support relief because the court inferred adequate meeting notice and concluded that announcing the subject would have been self-defeating.

Whether failure to record the closed-session discussions and votes violated the statutory minutes requirement.. The court did not find an actionable violation because the complaint contained no allegations concerning the defendants' compliance with the provision allowing closed-session minutes to remain closed after a majority vote.

Summary

Holding

Cited by