Open Public Meetings Act of 1971

General Rule

The general rule for open public meetings, with only a few minor exceptions, is that all meetings of the governing bodies of public agencies are to be open and accessible to the public. Not only must ordinances and rules be adopted at public meetings in order to be valid, but deliberations must be conducted openly and all members of the public must be allowed to attend. (The Open Public Meetings Act is codified in Ch. 42.30 RCW.)

What Meetings are Covered?

The 1971 Open Public Meetings Act (Act) applies to nearly all meetings of governing bodies of public agencies, including cities. This includes regular and special meetings of all multi-member governing bodies and subagencies (city councils, planning commissions, library or park boards, etc.). The Act applies to the meetings of committees, subcommittees, and other groups created by a governing body pursuant to its executive authority when they act on behalf of the governing body, conduct hearings, or take public testimony, whether the committee is composed of members of the governing body or not (Attorney General Opinion, 1986 AGO No. 16). Because the Act is to be liberally construed, meaning that courts will lean towards including borderline meetings, the Act should be assumed to apply unless the meeting is of a type specifically excluded by statute. The fact that a meeting is called a workshop, study session, or retreat does not mean it may be automatically closed to the public.

What Meetings are Not Covered?

Several types of local government meetings do not come under the Open Public Meetings Act. Quasi-judicial proceedings are excluded, where the decision being made affects only individual rights and not the general public. In addition, meetings of committees are excluded when they do not exercise actual or implied decision-making power, unless they are comprised of a majority of the members of a governing body. The Attorney General's office and an appellate court in Washington have taken the position that a committee does not fall into this category when its powers are only advisory. Social gatherings are excluded, as long as the attendees do not take any official action or discuss the business of the governing body. Also excluded are certain proceedings for licensing and disciplinary action and meetings for formulating collective bargaining strategies.

What are Executive Sessions?

Executive sessions are portions of regular or special meetings that may be closed to the public, designed for consideration of specific issues, where public disclosure would harm individual interests or legitimate interests of the governing body. Issues which may be considered in executive session include the following:

· To consider the selection of a site or the acquisition of real estate when public knowledge would cause likelihood of increased price;

· To consider the minimum price at which real estate will be offered for sale or lease when public knowledge would cause a likelihood of decreased price;

· To receive and evaluate complaints or charges brought against a public officer or employee. Note however, upon the request of the officer or employee, a public hearing or meeting open to the public must be conducted upon the complaint;

· To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee;

· To evaluate the qualifications of a candidate for appointment to elective office, such as when filling a councilmanic vacancy. However, the interview of the candidate and final action must be in an open meeting;

· To discuss with legal counsel representing the agency, matters relating to agency enforcement actions, or litigation or potential litigation to which the agency is a party.

An executive session may be held during any regular or special meeting. Before convening the executive session, the presiding officer is to publicly announce the purpose for excluding the public and the time when the executive session will be concluded.

What are the Requirements for Notice?

The public must be informed of the time and place of meetings, both "regular" meetings and "special" meetings, except in emergencies. Regular meetings are recurring meetings with a time and place fixed by ordinance or rule. Special meetings, called by the presiding officer or a majority of the members, must be announced in writing to all members of the governing body and members of the news media who have requested notice. Special meeting notices must be delivered personally or by mail 24 hours in advance, specifying the time and place of the meeting and the business to be transacted. Only business described in the special meeting notice can be decided (although other business can be discussed).

What Can be Done if a Meeting Becomes Disorderly?

A meeting room may be cleared if any of those present render the orderly conduct of the meeting infeasible. The meeting may be adjourned to another location if order cannot be restored by removal of the disorderly individuals.

What Happens if the Open Public Meetings Act is Violated?

There are several potential consequences for violating the procedural requirements of the Open Public Meetings Act. Actions taken in meetings violative of the Act are null and void, including ordinances and resolutions. In addition, knowing attendance by a member at an improperly held meeting is punishable by a civil fine of $100. The party that prevails in an action for violation of the Act may recover reasonable expenses and attorneys' fees under certain circumstances.

Conclusion

The requirements of the Open Public Meetings Act are pervasive and relatively inflexible. In deciding to hold a closed meeting, local officials should be prepared to justify the decision under a specific exemption. Officials should be alert to situations where the Open Public Meetings Act could be inadvertently violated, such as social settings, public hearings, and council retreats and workshops.