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2006 Rhode Island Attorney General Reports and Opinions 1 (2006)

handle is hein.sag/sagri0003 and id is 1 raw text is: ADV OM 06-01 Office of Rehabilitation Services Advisory Council Meetings
Posted: 2006-03-07
March 7, 2006
ADV OM 06-01
Jacqueline G. Kelley, Esq.
In re: Office of Rehabilitation Services Advisory Council Meetings
Dear Ms. Kelley:
In your capacity as Legal Counsel for the Department of Human Services you
have requested an advisory opinion from the Department of Attorney General
regarding the application of the Open Meetings Act [OMA], R.I. Gen Laws § 42-
46-1 et seq., to the members of five federally mandated Advisory Councils
[Councils], entities under the Office of Rehabilitation Services.
Specifically, you indicate that these Councils, which are considered public
bodies for purposes of the OMA, require participation by a majority of individuals
with significant disabilities. Although you do not specifically identify the nature of
these disabilities you write, that [f]rom time to time, individuals with the most
significant disabilities cannot participate in the meeting due to the functional limits
of their disability. As reasonable accommodation, we have allowed them to
participate by teleconference. You ask whether or not this practice is in violation
of the 2005 Amendment to the Open Meetings Law. Based on the general nature
of your request, we believe that it is.

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