Transcript OPMA Act Powerpoint Presentation 2014

OPEN PUBLIC MEETINGS ACT
Eva Rooks, MA
Health Services Administrator/Trainer
Health Systems Quality Assurance Division
Washington State Department of Health
Open Public Meetings Act:
• Basic principles
• Legislative intent
• What agencies are
included
• Regularly scheduled
meetings
• Public participation in
meetings
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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
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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 Participation
A 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 Session
Certain 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 Session
The 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 Ballots
No 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?