OPEN PUBLIC MEETINGS ACT

Eva Rooks, MAHealth Services Administrator/Trainer Health Systems Quality Assurance DivisionWashington State Department of Health

Open Public Meetings Act:• Basic principles• Legislative intent• What agencies are

included• Regularly scheduled

meetings• Public participation in

meetings

• Executive session• Email conversations• Special meetings• Secret meetings• Meeting minutes• Emergency meetings• Consequences of violation

Basic Principles• Open government is essential to

democracy• Transparency in government

actions• Provide notice and opportunity to

participate

Legislative Declaration (Intent)• “The legislature finds and declares that all

public commissions, boards, councils, committees, subcommittees, departments, divisions, offices and all other public agencies of the state and subdivisions thereof exist to aid in the conduct of the people’s business.

• It is the intent of this chapter that their actions be taken openly and their deliberations be conducted openly.”

Legislative Declaration (Intent)• “The people of the state do not yield their

sovereignty to the agencies which serve them.• The people in delegating authority, do not give

their public servants the right to decide what is good for the people to know and what is not good for them to know.

• The people insist on remaining informed so that they may retain control over the instruments they have created.

This Legislation Applies to:All public:•Commissions•Boards •Councils •Committees•Subcommittees

•Departments•Divisions•Offices•And all other public agencies

What is a Meeting?• Under the Open Public

Meetings Act, “Meetings” are all meetings in which action is taken.

• “Meetings” can be in a physical place, or take place by phone or teleconference or email.

What is a Meeting?• A meeting occurs if a quorum

(majority) of the members of a governing body were to discuss or consider, for instance, budget, personnel or land use issues no matter where that discussion or consideration might occur.

“Action” Definitions• “Action” means the transaction of

the official business of a public agency by a governing board including but not limited to receipt of public testimony, deliberations, discussions, considerations, reviews, evaluations and final actions.

Regular Meetings OPMA requires agencies to identify the time and place of regular meetings.•State agencies publish in WA State Register.•Local agencies must adopt the schedule “by ordinance, resolution, by-laws of by whatever other rule is required for the conduct of business by that body.”•Agency is not required to provide an agenda of a regular meeting.

Regular meetings: Public ParticipationA member of the public shall not be required, as a condition of attendance at a meeting of a governing body, to: •register his or her name and other information• to complete a questionnaire • Otherwise fulfill any condition precedent to his or her attendance.

Regular meetings: Public Participation• A person may record a meeting

(audio or video)• OPMA does not require allowing

everyone to speak • A governing body has significant

authority to limit the time of speakers or to not allow anyone to speak.

Executive SessionCertain identified situations can close a meeting to the public. Examples:•Discuss negotiations for public contracts•Discuss advice on legal issues•Consider candidates for employment•Consider complaints against official/member

Convening an Executive SessionThe presiding officer of a governing body shall publicly announce:•The purpose for excluding the public from the meeting place•The time when the executive session will be concluded.

The executive session may be extended to a stated later time by announcement of the presiding officer.

Special Meetings• Whenever an agency has a meeting at a time

other than a scheduled regular meeting, it is conducting a “special meeting”.

• For each special meeting, the OPMA requires at least 24 hours written notice to the members of the governing body and media representatives who have filed a written request for notices of special meetings and posting on the agency website, if it has one.

Email Conversations as “Meetings”• A quorum of the members of the

Board or Commission participate in the e-mail exchange;

• Members collectively intend to transact official business; or

• Members communicate about issues that may or will come before the body for a vote.

Hint: Don’t click “reply all” because that can create a quorum!

Secret Meetings/Secret BallotsNo governing body shall adopt any ordinance, resolution, rule, regulation, order, or directive, except in a meeting open to the public and which either:•The date of the meeting is fixed by law or rule •Or at a meeting of which notice has been given according to the provisions of the OPMA

Meeting Minutes• Agencies must maintain minutes of

their meetings and make them available upon request

• OPMA does not specify a format or detail the content required of the minutes

• Minutes should note significant actions of the meeting

Emergency Meetings• Fire, flood, earthquake, or other

emergency, there is a need for expedited action by a governing body to meet the emergency, notice requirements shall be suspended.

• “True emergency” – it is still advisable to provide special meeting notice if possible.

Consequences of OPMA Violations• Any actions in violation of OPMA at a

meeting are void.• Must retrace steps and take action in

accordance with the OPMA.• $100 fine for board members when there is

a “knowing violation”• Any person who prevails in court will be

awarded all costs, including attorney fees.

Additional Resources • Washington State Office of the Attorney General

www.atg.wa.gov/OpenGovernmentTraining.aspx • Municipal Research and Services Center

www.mrsc.org • Chapter 42.30 RCW – Open Public Meetings Act • Some insurance companies• Attorney

Questions?

Questions?

Questions?