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Executive session in Rhode Island: when a board can close a meeting, and what the minutes must show

Short answer

A Rhode Island public body may close part of a meeting only for one of the ten purposes listed in § 42-46-5(a), and only by a majority vote taken in open session. The open-session minutes record each member's vote, the subdivision of § 42-46-5(a) relied on, and a statement of the business. Discussion stays within that purpose. Votes taken in executive session are disclosed when the open session resumes, with one narrow exception.(R.I. Gen. Laws §§ 42-46-4, 42-46-5)

This guide explains the law in plain words; it is not legal advice. For a question about your board, ask your town or city solicitor.
By Clarivis · Checked against R.I. Gen. Laws §§ 42-46-4, 42-46-5 and 42-46-7(c) on Wed, Oct 7, 2026.

Questions on this page

The statute calls this a "closed meeting" or "closed session"; most boards say executive session. They mean the same thing here.

When can a board go into executive session?

Every meeting is open unless the law allows it to be closed:

Statute text

“Every meeting of all public bodies shall be open to the public unless closed pursuant to §§ 42-46-4 and 42-46-5.”

R.I. Gen. Laws § 42-46-3

The law allows it for ten purposes, and only these:

Statute text

“(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.”

“(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.”

“(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.”

“(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.”

R.I. Gen. Laws § 42-46-5(a)

A topic that is sensitive, awkward or still in draft is not on the list. Even when a topic is on the list, the law permits executive session; it never requires it.

What has to happen before the board goes in?

1. The notice lists it. An executive session is business to be discussed, so the posted notice describes it like any other item (see the notice guide).

2. The chair makes an "open call".

Statute text

““Open call” means a public announcement by the chairperson of the committee that the meeting is going to be held in executive session and the chairperson must indicate which exception of § 42-46-5 is being involved.”

R.I. Gen. Laws § 42-46-2(2)

3. The board votes, and the minutes record it.

Statute text

“By open call, a public body may hold a meeting closed to the public upon an affirmative vote of the majority of its members. A meeting closed to the public shall be limited to matters allowed to be exempted from discussion at open meetings by § 42-46-5. The vote of each member on the question of holding a meeting closed to the public and the reason for holding a closed meeting, by a citation to a subdivision of § 42-46-5(a), and a statement specifying the nature of the business to be discussed, shall be recorded and entered into the minutes of the meeting.”

R.I. Gen. Laws § 42-46-4(a)

So the open-session minutes carry three things: how each member voted on going in, the subdivision (for example "§ 42-46-5(a)(2)"), and a statement of the business. Because the law asks for the statement in addition to the citation, the statement should say more than the category name.

The vote needs "the majority of its members". The statute does not say whether that means the full membership or the members present. The safe course is a yes vote from a majority of the full membership.

A motion that does all of this, written for this guide:

"I move that the board go into executive session under R.I. Gen. Laws § 42-46-5(a)(2) to discuss pending litigation, [case name and number]."

For a person's job performance, character or health, the motion also carries the notification statement:

"I move that the board go into executive session under R.I. Gen. Laws § 42-46-5(a)(1) to discuss the job performance of [position title]. The person to be discussed has been notified in advance in writing and advised that they may require the discussion to be held at an open meeting."

Both samples are written for this guide. Your solicitor may prefer other wording, and the statement of business may need more detail for your matter.

4. For a person's job performance, character or health, or a student matter: notice first. Under (a)(1) and (a)(8), the person (or student) must have been told in writing in advance that they may require the discussion to be held in open session. The statute adds:

Statute text

“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.”

R.I. Gen. Laws § 42-46-5(a)(1)

What can be discussed inside?

Only what was cited when the board voted to go in:

Statute text

“No public body shall discuss in closed session any public matter that does not fall within the citations to § 42-46-5(a) referred to by the public body in voting to close the meeting, even if these discussions could otherwise be closed to the public under this chapter.”

R.I. Gen. Laws § 42-46-4(a)

If a second topic needs executive session, it needs its own citation in the motion, and its own line on the notice.

What happens when the board comes back out?

Votes taken inside are announced:

Statute text

“All votes taken in closed sessions shall be disclosed once the session is reopened; provided, however, a vote taken in a closed session need not be disclosed for the period of time during which its disclosure would jeopardize any strategy, negotiation, or investigation undertaken pursuant to discussions conducted under § 42-46-5(a).”

R.I. Gen. Laws § 42-46-4(b)

The executive session also has minutes of its own, kept like any other minutes (§ 42-46-7(a) applies to "all their meetings"). When those minutes become public:

Statute text

“The minutes of a closed session shall be made available at the next regularly scheduled meeting unless the majority of the body votes to keep the minutes closed pursuant to §§ 42-46-4 and 42-46-5.”

R.I. Gen. Laws § 42-46-7(c)

Releasing them is the default. Keeping them closed takes a majority vote.

Checklist

Before the meeting

  • The executive session is on the posted notice, described specifically.
  • For (a)(1) or (a)(8): the person or student was notified in writing in advance, including that they may ask for an open session.

In open session, before going in

  • The chair announces the executive session and the § 42-46-5(a) subdivision.
  • The board votes; the minutes record each member's vote, the subdivision, and a statement of the business.
  • For (a)(1) or (a)(8): the statement that the person was notified is made and noted in the minutes.

Inside

  • Discussion stays within the cited purpose.
  • Minutes are kept.

Back in open session

  • Votes taken inside are announced, unless disclosure would jeopardize a strategy, negotiation or investigation.
  • If the board wants the executive session minutes kept closed, it votes on that; otherwise they are released at the next regular meeting.

What the law does not settle

Questions to take to your town or city solicitor; this guide does not answer them.

  • Whether "the majority of its members" means the full membership or those present.
  • How specific the statement of business must be for a given topic, for example a litigation matter that has not been filed.
  • How long a vote may stay undisclosed under the strategy, negotiation or investigation exception, and who decides when that period ends.
  • Whether a member attending remotely may take part in an executive session. Remote participation is narrowly limited by § 42-46-5(b).

How Clarivis helps

Clarivis does not decide whether a topic qualifies for executive session; your board and its solicitor do. Clarivis works with Rhode Island municipalities today.

  • On the agenda, an executive session item is flagged until a basis, tied to a § 42-46-5(a) subdivision, is selected for it.
  • During the meeting, the person recording selects Enter executive session and chooses its basis. Recording stops, and nothing is recorded until the board returns to open session.
  • In the draft minutes, executive session audio is left out. Where Clarivis cannot tell where the session fell in a recording, it asks a person to confirm they have read the draft before the minutes are marked ready, approved or published.
  • After the meeting, the compliance check flags an executive session with no recorded basis, and a meeting that ended while still in executive session.
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