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ADV OM 18-05 In Re: Providence Board of Licenses

The Providence Board of Licenses ("Board") sought an Open Meetings Act ("OMA") Advisory Opinion from this Department concerning whether the Board may meet in executive session for deliberation during or at the conclusion of the presentation of evidence in a show-cause hearing. We found no authority, nor were we presented any, that would allow the Board to convene and deliberate in executive session solely based on the deliberative nature of the matters before it. While our precedent might allow the Board to discuss and receive legal advice concerning specific matters, we have cautioned that if the "members engage in a collective discussion, vote, or take other action under the guise of asking questions to legal counsel, a 'meeting,' as defined by the OMA, would convene and the requirements of the OMA would apply." In Re: Board of Regents for Elementary and Secondary Education Appeals Committee, ADV OM 13-01.

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