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HomeMy WebLinkAboutLesson 3 - OPMA PowerPoint April 2014 Open Public Meetings Act RCW 42 .30 i� t red by Washington State Attorney Gene ` F d: April 2014 k '.5�ti4a Washington's Open Public Meetings (OPMA) Passed in 1971 Requires meetings to be open to the public, vel to gavel RCW 42.30 c Purpose "The people do not yield their sovereignty to the agencies which serve them ." ® "The people, in delegating authority, do not give publ c servants the right to decide what is good for the peo e to know and what is not good for them to know." • "The people insist on remaining informed so they retain control over the instruments they have cre RCW 42.30.010 ;,li y Purpose (Cont.) Public commissions, boards, councils, etc. listed in OPMA are agencies of this state that exist to aid in the conduct of the people's business. Their actions are to be taken openly and deliberations conducted openly. RCW 42.30.010 e Act is to be "liberally construed." RCW 42.30.910 The purpose of the OPMA is to allow the pu "decisonmaking process." 'ngton State Supreme Court Open Government Laws Like the OPMA are Often Called "Transparency Laws" or "Sunshine Laws" �7 This is because they "shine light" on government. U .S. Supreme Court Justice Louis Brandeis once famously said, "Sunlight is the best disinfectant. " uilds • • - - • • - OPMA Applies To : Multi-member public state and local agencies, such as boards and commissions, as follows: • Any state board, commission, committee, department, educational instituti n, or other state agency which is created by or pursuant to statute, other than court and the legislature. • Any county, city, school district, special purpose district, or other municipa corporation or political subdivision of Washington. • Any subagency of a public agency which is created by or pursuant to st ordinance, or other legislative act, including but not limited to planning commissions, library or park boards, commissions, and agencies. • Any policy group whose membership includes representatives of p • - • utilities formed by or pursuant to the laws of this state when meetin • - - • on behalf of participants who have contracted for the output of - • • . eing planned or built by an operating agency. 30.020 to is agencies" subject • OPIVIA Does Not Apply To : • These entities: l ❑ Courts ❑ Legislature ❑ Agencies not defined as "public agency" in OPMA, such as agencies governed by a single individual ❑ Private organizations • These activities: ❑ Licensing/permitting for businesses, occupations or profe or their disciplinary proceedings (or proceedings to recei license for a sports activity, or to operate a mechanical or motor vehicle) ❑ Quasi-judicial matters ❑ Matters governed by the Washington Administr Act, RCW 34.05 ❑ Collective bargaining CW4 Governing Body All meetings of the governing body of a public agency sh II be open and public and all persons shall be permitted to attend any meeting of the governing body of a public agency, ex pt as otherwise provided in RCW 42.30. N RCW 42.30.030 What is a Governing Body? • The multimember board or other policy or rule- making body OR Any committee of such public agency when: the committee acts on behalf of the governing body, conducts hearings, or takes testimony or public comment -- RC 42.30.020 117Z to What is a Meeting? 4' , "Meeting" means meetings at which the public agenc takes "action" - RCW 42.30.020 tj� Physical presence not required can occur by phone or email An exchange of e-mail could constitute a meeting if, for exa • , a quorum of the members participate in the e-mail exchang • . uss agency business. Simply receiving information without c - not a meeting. Does not need to be titled "meeting" — OPM • . • • - "retreats," "workshops," "study sessions," ting occurs if the gover ' • Action "Action" means the transaction of the official busin s of the public agency and includes but is not limited t Public testimony All deliberations Discussions Considerations �� v Reviews T-- Evaluations Final actions The requirements of the OPMA are triggered whether or not "final" action is taken. RCW 42.30.020 Final Action "Final action" is a collective positive or negative deci ion , or an actual vote, by a majority of the governing body or by the "committee thereof" Must be taken in public, even if deliberations were in closed session Secret ballots are not allowed RCW 42.30.060, RCW 42.30.020 Travel and Gathering A majority of the members of a governing body may travel together or gather for purposes other than a regular meeting or a special meeting, so long as no action is taken. Discussion or consideration of official business wo e action, triggering the requirements of the OPMA. -- RCW 42.30.070 LL D "Regular" Meetings "Regular meetings" are recurring meetings held in accordance with a periodic schedule by ordinance, resolution , bylaws or other rule. A state public agency must: Yearly, file with Code Reviser a schedule of regular meetings, includi time and place Publish changes to regular meeting schedule in state register at le days prior to rescheduled date On June 12, 2014, new agenda notice requirem apply to regular meetings under OPMA (see ne • - (These requirements are in addition to those • applicable in other laws outside the OPMA agencies. ) .30.070, RCW 42.30.075 "Regular" Meetings (Cont.) On June 12, 2014, new agenda notice requirements apply to regular meetings. Chapter 61 , 2014 Laws (SHB 2105) amends the OP A to require governing bodies to make the agenda of e ch regular meeting of the governing body available onli no later than 24 hours in advance of the published rt time of the meeting . The new law does not: Apply to agencies that do not have websites. Apply to agencies that employ fewer than 10 full-time e Restrict agencies from later modifying an agenda. Invalidate otherwise legal actions taken at a regula agenda was not posted 24 hours in advance. Satisfy public notice requirements establish ovide a basis to award attorneys fee enda is not posted ' "Special" Meetings p A "special meeting" is a meeting that is not a regul r meeting (not a regularly scheduled meeting). Called by presiding officer or majority of the member Notice - timing : 24 hours before the special meeting written notice must be: Given to each member of the governing body (unless waived) Given to each local newspaper of general circulation, radio, a station which has a notice request on file Posted on the agency's website --- with certain exceptions in 42.30.080(2)(b), if the agency (i) does not have a website, (ii) • • fewer than ten full-time equivalent employees; or (iii) does n • • personnel whose duty, as defined by a job description ore • • . is to maintain or update the web site Prominently displayed at the main entrance of the • • . location and the meeting site (if not that same loc 42.30.080 • "Special" Meetings Cont. Notice - contents: The special meeting notice m st specify: Time Place Business to be transacted (agenda) Final disposition shall not be taken on any other matter h meeting RCW 42.30.080 0. 11, 1#. 1011, 0�1 9 • - 1 �L Emergency Special Meetings Notice is not required when special meeting call d to deal with an emergency Emergency involves injury or damage to persons or pr erty or the likelihood of such injury or damage Where time requirements of notice make notice impr and increase likelihood of such injury or damage RCW 42.30.080(4) 1 t Public Attendance A ublic agency can't place conditions on public to at end meeting subject to OPMA: For proceedings governed by OPMA, cannot require people to regis er their names or other information, complete a questionnaire, or othe ise fulfill any condition precedent to attendance J� RCW 42.30.040 V Reasonable rules of conduct can be set Cameras and tape recorders are permitted un disruptive AGO 1998 No. 15 No "public comment" period required Interruptions and Disruptions • The OPMA provides a procedure for dealing with situations where a meeting is being interrupted so th orderly conduct of the meeting is unfeasible, and ord r 1A cannot be restored by removal of the disruptive pers s. Meeting room can be cleared and meeting can cont' or meeting can be moved to another location, but fi disposition can occur only on matters appearing o agenda. More details set out in the OPMA. RCW 42.30.050 �rS�csJPx�o y Executive Session • Part of a regular or special meeting that is closed to he public Limited to specific purposes set out in the OPMA Purpose of the executive session and the time it will d must be announced by the presiding officer before begins; time may be extended by further announc -- RCW 42.30. 110 osed c► Executive SessionsL £@ Specified purposes set out in OPMA. Includes, for example: National security Publicly bid contracts Real estate Review negotiations on Site selection or acquisition of real performance estate Public knowledge would ke Lease or purchase increase costs Public knowledge would likely Evaluate qualifications of cant increase price for public employment Sale or lease Meet with legal counsel Public knowledge would likely enforcement actions, li decrease price potential litigation Final action selling or leasing Other purposes list public property must be take at 42.30.110 open meeting RCW 42. Executive Session to Discuss Agen Enforcement Actions, Litigation or Potential Litigation This executive session is not permitted just because legal counsel is present This executive session must address: Agency enforcement action Agency litigation or �= Potential litigation RCW 42.30. 110 Executive Session to Discuss Agen Enforcement Actions, Litigation, or Potential Litigation : Three Requirem ts; Legal counsel representing the agency is pres nt Purpose is to discuss agency enforcement acti n , litigation or potential litigation to which the age y, governing body, or a member acting in official capacity is, or is likely to become, a party Public knowledge regarding discussion like) result in an adverse legal or financial cons to the agency � •. RCW 42.30. 110 LAWSUIT Penalties for Violating the OPMA A court can impose a $100 civil penalty against each member (personal liability) Court will award costs and attorney fees to a successful party seeking the remedy Action taken at meeting can 7 be declared null and void -- RCW 42.30. 120; RCW 42.30. 130; RCW 42.30.060 Minutes - RCW 42.32.030 • Minutes of public meetings must be promptly recorded and open to public inspection • Minutes of an executive session are not require No format specified in law -- RCW 42.32.030 `-� OPMA Training Anew law effective July 1 , 2014 amends the OPMA to req re members of governing bodies to receive OPMA training. Chapter 66, 2014 Laws (ESB 5964) ("Open Government Trainings Act"). They can take training sooner than July 1 . Refresher training occurs no later than every 4 years. Training can be taken online, in person, or by other mean Training resources, videos, and more informati (a "Q & A") are available on the Attorney G vernment Training Web Page: • w.ata.wa.gov/OpenGov - • . • OPMA Assistance • The Washington State Attorney General's Office may provide information, technical assistance, and training on the OPMA. Contact Assistant Attorney General for Open Government. • The Attorney General's Office may issue formal opinions about the OPMA for qualified requesters. • The Attorney General's Office has helpful materials about th OPMA, and other open government topics and resources, website at www.atq.wa.gov. • The Attorney General's Office Open Government Trai Page with training resources, videos and other mat http://www.atq.wa.gov/0penGovernmentTra inine . • CW 42.30.210 e THANK YOU � 29 )