Remote participation in Rhode Island meetings: who may join by phone or video
Short answer
Rhode Island's Open Meetings Act does not give town board members a general right to join by phone or video. Electronic discussion is allowed only to schedule a meeting, with listed exceptions. For a town body, two apply: a member on active duty in the armed services, and a member with a disability who has a waiver from the Governor's Commission on Disabilities.(R.I. Gen. Laws § 42-46-5(b)(1), (2), (3), (4))
Where this fits in your meeting cycle: Clarivis is software that helps a committee follow these steps: it checks each agenda item, emails a reminder before the minutes deadline and drafts the minutes for your secretary or clerk to correct and approve; it does not post or file anything for you.
See how Clarivis helpsQuestions on this page
Can a board member join a meeting by phone or video?
Not as a general right. The Act treats electronic communication between members as something to schedule a meeting with, and nothing more, unless an exception applies.
Statute text
“No meeting of members of a public body or use of electronic communication, including telephonic communication and telephone conferencing, shall be used to circumvent the spirit or requirements of this chapter; provided, however, these meetings and discussions are not prohibited.”
Statute text
“Provided, further however, that discussions of a public body via electronic communication, including telephonic communication and telephone conferencing, shall be permitted only to schedule a meeting, except as provided in this subsection.”
In our reading, a member who dials in without one of the reasons below is not taking part in a way the Act permits. Ask your solicitor before you rely on any other reason.
Who may take part remotely?
For a town or city body, two groups.
A member on active duty in the armed services.
Statute text
“Provided, further however, that a member of a public body may participate by use of electronic communication or telephone communication while on active duty in the armed services of the United States.”
A member with a disability who has a waiver. The member must have a disability, be unable to attend solely because of it, and be unable to take part otherwise without electronic communication as a reasonable accommodation.
Statute text
“Provided, further however, that a member of that public body, who has a disability as defined in chapter 87 of this title and: (i) Cannot attend meetings of that public body solely by reason of the member’s disability; and (ii) Cannot otherwise participate in the meeting without the use of electronic communication or telephone communication as reasonable accommodation, may participate by use of electronic communication or telephone communication in accordance with the process below.”
The same subsection names two state bodies, the University of Rhode Island board of trustees and the Rhode Island Life Science Hub board. They are not town bodies, so they do not apply to a town board.
How does a member with a disability get permission?
Through the Governor's Commission on Disabilities. The statute directs it to set the rules for deciding who qualifies and to grant a waiver "only if the member’s disability would prevent the member from being physically present at the meeting location, and the use of such communication is the only reasonable accommodation." Waiver decisions are a matter of public record. In practice, get the waiver before the meeting and keep a copy with the board's records.
Does a remote member count toward quorum?
The text does not say. A quorum is a simple majority of the membership unless other law defines it differently (see the what counts as a meeting guide). Whether a member on the phone or on video counts toward it is not answered by the words of § 42-46-5(b), for either exception. Take that question to your solicitor before a vote depends on it.
What must the minutes show about a remote member?
The Act requires minutes to record each member as present or absent. For a remote member, the safe course is to also note that the member took part remotely, and the reason. See the minutes guide.
Can the public watch or listen by video?
This guide covers members only. The sections quoted here do not address how the public may watch or listen. Your notice must still give the place of the meeting, as the notice guide explains.
Checklist
Before the meeting
- A member who expects to join remotely has a reason in the list above.
- A member relying on a disability has the waiver in hand.
- The notice still gives the place of the meeting.
At the meeting
- Record each member as present or absent, and note each remote member and the reason.
- Before a vote that needs a quorum, ask your solicitor whether a remote member counts (see above), then count.
What the law does not settle
Questions to take to your town or city solicitor; this guide does not answer them.
- Whether a remote member counts toward quorum, for either exception.
- Whether any law outside this Act (a charter, another statute, an emergency order) lets a member join remotely for another reason, such as illness, travel or weather.
- What, if anything, the notice must say when a member will take part remotely (the Act spells this out only for the University of Rhode Island board).
- How the public must be given access to a meeting held partly by video.
How Clarivis helps
At the meeting, Clarivis records how each member attended; it does not run the call or grant a waiver.
- Remote is its own attendance state. A member is recorded present, remote or absent, and remote is never folded into present.
- A reason for each remote member. The reasons offered are the two the Act allows for town bodies: active-duty military service and disability accommodation.
- A visible finding. Clarivis does not count a remote member who has no listed reason toward quorum, and the meeting's Compliance step says so. That is how the product works, not a legal conclusion; for the disability reason it counts the member and shows a note to confirm with your solicitor.
Related guides
- What a Rhode Island meeting notice must include, and when to post itNotice contents, the 48-hour count, where to post, items added later
- The annual meeting schedule notice: what Rhode Island boards file each JanuaryThe yearly list of regular meetings, filed at the start of each year
- Rhode Island meeting minutes: what they must include and when they are dueThe four required items, the three deadlines, advisory bodies
- Executive session in Rhode Island: when a board can close a meeting, and what the minutes must showThe ten purposes, the vote, what the minutes must show
- What counts as a meeting in Rhode Island: quorum, work sessions and emailQuorum, work sessions, email and rolling quorums
This guide for other states
Sources
- R.I. Gen. Laws § 42-46-5, Use of electronic communications: webserver.rilegislature.gov/Statutes/TITLE42/42-46/42-46-5.htm (fetched Wed, Oct 7, 2026)
- R.I. Gen. Laws § 42-46-2, Definitions: webserver.rilegislature.gov/Statutes/TITLE42/42-46/42-46-2.htm (fetched Wed, Oct 7, 2026)
- R.I. Gen. Laws § 42-46-6, Notice: webserver.rilegislature.gov/Statutes/TITLE42/42-46/42-46-6.htm (fetched Wed, Oct 7, 2026)
- R.I. Gen. Laws § 42-46-7, Minutes: webserver.rilegislature.gov/Statutes/TITLE42/42-46/42-46-7.htm (fetched Wed, Oct 7, 2026)