![]() ![]() Those discussions can be in person or by phone, email, text message or other media. 550 (2001) (action is taken when the governing members of an agency “communicate about issues that may or will come before the Board for a vote.”). Serial communications that occur outside of a council or commission meeting can easily lead to a determination that a meeting has occurred (that is, discussions exchanged among a majority of a governing body). But, the following examples occur more frequently than you may expect. This article does not discuss all OPMA cases that have reached the courts. 2 Serial Meetings and Other Areas of Concern These broad definitions match the liberal construction mandated by the OPMA. “Final action” means a collective positive or negative decision, or an actual vote by a majority of the members of a governing body when sitting as a body or entity, upon a motion, proposal, resolution, order, or ordinance. “Action” means the transaction of the official business of a public agency by a governing body including but not limited to receipt of public testimony, deliberations, discussions, considerations, reviews, evaluations, and final actions. The OPMA only prohibits private (nonpublic) “meetings” if “action” is taken at the meeting. The word “meeting” is broadly defined to mean any meeting “at which action is taken.” RCW 42.30.020(4). The Open Public Meetings Act GenerallyĪs a reminder, agencies subject to the OPMA are required to take both “action” and “final action” at a public meeting:Īll meetings of the governing body of a public agency shall be open and public and all persons shall be permitted to attend any meeting of the governing body of a public agency, except as otherwise provided in this chapter. But if there is a violation of the OPMA, is there an opportunity for the agency to cure the defect and still act? That is the subject of this article. ![]() If the violation is not intentional, the agency can still be liable for attorney's fees, and a later vote (even if public) might be held null and void by the courts. If the agency members involved are aware that their actions violate the Act, they can be personally liable. What happens when a quorum of agency members have private discussions about matters pending before the agency for a vote? The easy answer is that such conversations violate the Open Public Meetings Act, chapter 42.30 RCW (or, the “OPMA”). By Milt Rowland and Steve DiJulio, Foster Pepper PLLC 1 ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |