State Codes and Statutes

Statutes > Rhode-island > Title-22 > Chapter-22-13 > 22-13-9

SECTION 22-13-9

   § 22-13-9  Access to executive sessions ofa public agency – Access to records – Disclosure by the auditorgeneral. – (a) Whenever a public agency goes into executive session, the auditor generalor his or her designated representative shall be permitted to attend theexecutive session or if the auditor general or his or her designee is not inattendance at the executive session, the auditor general or his or herdesignee, upon written request, shall be furnished with copies of all data ormaterials furnished to the members of the public agency at the executivesession. If the auditor general or his or her designee attends the executivesession, the auditor general shall be furnished the same data in the same formand at the same time as members of the public agency.

   (b) Within three (3) working days of a written request by theauditor general, the public agency shall furnish a copy, whether approved bythe agency or not, of the minutes of any meeting, including any executivesession of the public agency.

   (c) The auditor general shall have full and unlimited accessto any and all records of any public agency, in whatever form or mode therecords may be, unless the auditor general's access to the records isspecifically prohibited or limited by federal or state law. In no case shallany confidentiality provisions of state law be construed to restrict theauditor general's access to the records; provided, the auditor general's accessto any confidential data shall not in any way change the confidential nature ofthe data obtained. Where an audit or investigative finding emanates fromconfidential data, specific confidential information will not be made public.The records shall include those in the immediate possession of a public agencyas well as records which the agency itself has a right to. In the event of adispute between the agency involved and the auditor general as to whether ornot the data involved are confidential by law, the matter will be referred tothe attorney general for resolution.

   (d) If in the course of an executive session any fact comesto the attention of the auditor general or his or her designatedrepresentative, which in his or her judgment constitutes an impropriety,irregularity, or illegal transaction, or points to the onset of an improprietyor illegal transaction, then the auditor general shall disclose thatinformation to the joint committee on legislative services, the director ofadministration, and the chairperson of the public agency involved. Where thefacts or the data upon which the facts are based are deemed confidentialpursuant to the provisions of federal or state law, the auditor general'saccess to the information shall not in any way change the confidential natureof the data obtained.

   (2) In the event of a dispute between the agency involved andthe auditor general as to whether or not the data involved are confidential bylaw, the matter will be referred to the attorney general for resolution.

   (e) The auditor general or his or her designatedrepresentative shall be immune from any liability to any party for claimsarising out of disclosure authorized by this section.

   (f) For the purposes of this section, the phrase "publicagency" shall include the following: the Rhode Island industrial buildingauthority, the Rhode Island recreational building authority, the Rhode Islandeconomic development corporation, the Rhode Island industrial facilitiescorporation, the Rhode Island refunding bond authority, the Rhode Islandhousing and mortgage finance corporation, the Rhode Island resource recoverycorporation, the Rhode Island public transit authority, the Rhode Islandstudent loan authority, the water resources board, the Rhode Island health andeducational building corporation, the Rhode Island higher education assistanceauthority, the Rhode Island turnpike and bridge authority, the Narragansett Baycommission, Rhode Island public telecommunications authority, the conventioncenter authority, channel 36 foundation, their successors and assigns, and anyother body corporate and politic which has been or which is subsequentlycreated or established within this state.

State Codes and Statutes

Statutes > Rhode-island > Title-22 > Chapter-22-13 > 22-13-9

SECTION 22-13-9

   § 22-13-9  Access to executive sessions ofa public agency – Access to records – Disclosure by the auditorgeneral. – (a) Whenever a public agency goes into executive session, the auditor generalor his or her designated representative shall be permitted to attend theexecutive session or if the auditor general or his or her designee is not inattendance at the executive session, the auditor general or his or herdesignee, upon written request, shall be furnished with copies of all data ormaterials furnished to the members of the public agency at the executivesession. If the auditor general or his or her designee attends the executivesession, the auditor general shall be furnished the same data in the same formand at the same time as members of the public agency.

   (b) Within three (3) working days of a written request by theauditor general, the public agency shall furnish a copy, whether approved bythe agency or not, of the minutes of any meeting, including any executivesession of the public agency.

   (c) The auditor general shall have full and unlimited accessto any and all records of any public agency, in whatever form or mode therecords may be, unless the auditor general's access to the records isspecifically prohibited or limited by federal or state law. In no case shallany confidentiality provisions of state law be construed to restrict theauditor general's access to the records; provided, the auditor general's accessto any confidential data shall not in any way change the confidential nature ofthe data obtained. Where an audit or investigative finding emanates fromconfidential data, specific confidential information will not be made public.The records shall include those in the immediate possession of a public agencyas well as records which the agency itself has a right to. In the event of adispute between the agency involved and the auditor general as to whether ornot the data involved are confidential by law, the matter will be referred tothe attorney general for resolution.

   (d) If in the course of an executive session any fact comesto the attention of the auditor general or his or her designatedrepresentative, which in his or her judgment constitutes an impropriety,irregularity, or illegal transaction, or points to the onset of an improprietyor illegal transaction, then the auditor general shall disclose thatinformation to the joint committee on legislative services, the director ofadministration, and the chairperson of the public agency involved. Where thefacts or the data upon which the facts are based are deemed confidentialpursuant to the provisions of federal or state law, the auditor general'saccess to the information shall not in any way change the confidential natureof the data obtained.

   (2) In the event of a dispute between the agency involved andthe auditor general as to whether or not the data involved are confidential bylaw, the matter will be referred to the attorney general for resolution.

   (e) The auditor general or his or her designatedrepresentative shall be immune from any liability to any party for claimsarising out of disclosure authorized by this section.

   (f) For the purposes of this section, the phrase "publicagency" shall include the following: the Rhode Island industrial buildingauthority, the Rhode Island recreational building authority, the Rhode Islandeconomic development corporation, the Rhode Island industrial facilitiescorporation, the Rhode Island refunding bond authority, the Rhode Islandhousing and mortgage finance corporation, the Rhode Island resource recoverycorporation, the Rhode Island public transit authority, the Rhode Islandstudent loan authority, the water resources board, the Rhode Island health andeducational building corporation, the Rhode Island higher education assistanceauthority, the Rhode Island turnpike and bridge authority, the Narragansett Baycommission, Rhode Island public telecommunications authority, the conventioncenter authority, channel 36 foundation, their successors and assigns, and anyother body corporate and politic which has been or which is subsequentlycreated or established within this state.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-22 > Chapter-22-13 > 22-13-9

SECTION 22-13-9

   § 22-13-9  Access to executive sessions ofa public agency – Access to records – Disclosure by the auditorgeneral. – (a) Whenever a public agency goes into executive session, the auditor generalor his or her designated representative shall be permitted to attend theexecutive session or if the auditor general or his or her designee is not inattendance at the executive session, the auditor general or his or herdesignee, upon written request, shall be furnished with copies of all data ormaterials furnished to the members of the public agency at the executivesession. If the auditor general or his or her designee attends the executivesession, the auditor general shall be furnished the same data in the same formand at the same time as members of the public agency.

   (b) Within three (3) working days of a written request by theauditor general, the public agency shall furnish a copy, whether approved bythe agency or not, of the minutes of any meeting, including any executivesession of the public agency.

   (c) The auditor general shall have full and unlimited accessto any and all records of any public agency, in whatever form or mode therecords may be, unless the auditor general's access to the records isspecifically prohibited or limited by federal or state law. In no case shallany confidentiality provisions of state law be construed to restrict theauditor general's access to the records; provided, the auditor general's accessto any confidential data shall not in any way change the confidential nature ofthe data obtained. Where an audit or investigative finding emanates fromconfidential data, specific confidential information will not be made public.The records shall include those in the immediate possession of a public agencyas well as records which the agency itself has a right to. In the event of adispute between the agency involved and the auditor general as to whether ornot the data involved are confidential by law, the matter will be referred tothe attorney general for resolution.

   (d) If in the course of an executive session any fact comesto the attention of the auditor general or his or her designatedrepresentative, which in his or her judgment constitutes an impropriety,irregularity, or illegal transaction, or points to the onset of an improprietyor illegal transaction, then the auditor general shall disclose thatinformation to the joint committee on legislative services, the director ofadministration, and the chairperson of the public agency involved. Where thefacts or the data upon which the facts are based are deemed confidentialpursuant to the provisions of federal or state law, the auditor general'saccess to the information shall not in any way change the confidential natureof the data obtained.

   (2) In the event of a dispute between the agency involved andthe auditor general as to whether or not the data involved are confidential bylaw, the matter will be referred to the attorney general for resolution.

   (e) The auditor general or his or her designatedrepresentative shall be immune from any liability to any party for claimsarising out of disclosure authorized by this section.

   (f) For the purposes of this section, the phrase "publicagency" shall include the following: the Rhode Island industrial buildingauthority, the Rhode Island recreational building authority, the Rhode Islandeconomic development corporation, the Rhode Island industrial facilitiescorporation, the Rhode Island refunding bond authority, the Rhode Islandhousing and mortgage finance corporation, the Rhode Island resource recoverycorporation, the Rhode Island public transit authority, the Rhode Islandstudent loan authority, the water resources board, the Rhode Island health andeducational building corporation, the Rhode Island higher education assistanceauthority, the Rhode Island turnpike and bridge authority, the Narragansett Baycommission, Rhode Island public telecommunications authority, the conventioncenter authority, channel 36 foundation, their successors and assigns, and anyother body corporate and politic which has been or which is subsequentlycreated or established within this state.