1. What is an overview of the Open Public Meetings Act principles and legal requirements?
Here is a summary . This FAQ takes into account the following OPMA principles and requirements. Purpose. The OPMA is codified at RCW 42.30. The purpose of the OPMA is to permit the public to “observe all steps” in the making of governmental decisions by a public agency board. Cathcart v. Andersen . The OPMA “employs some of the strongest language used in any legislation.” Id. The OPMA is to be “liberally construed” to effect its purpose. RCW 42.30.910. Governing Body . The OPMA applies to “governing bodies” which are defined as “the multimember board, commission, committee, council, or other policy or rule- making body of a public agency, or any committee thereof when the committee acts on behalf of the governing body, conducts hearings, or takes testimony or public comment.” RCW 42.30.020(2). Quorum. The OPMA applies to meetings of a quorum (typically a majority) of the governing body of a board transacting agency business, requiring those meetings to be open to the public unless the law authorizes closure. RCW 42.30. In re Recall of Beasley ; Wood v. Battle Ground School District; Citizens Alliance for Property Rights Legal Fund v. San Juan County . Members’ Physical Presence Not Required. The OPMA does not require the contemporaneous physical presence of board members in order to constitute a meeting. Wood v. Battle Ground School District.
Meeting. For a gathering to be considered a “meeting,” its purpose must be to discuss or act on matters in which the attendees have a common interest relating to the official business of the governing body. Citizens Alliance for Property Rights Legal Fund v. San Juan County. A “meeting” of a governing body occurs when a majority of its members gathers with the collective intent to transact the agency’s business. Id.
Action; Final Action. A meeting of a quorum where “action” occurs is subject to the OPMA and must be open to the public, unless the OPMA permits closure. “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. RCW 42.30.020(3). “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. Id.
Executive Sessions . A board can meet in an executive session closed to the public only for the purposes “explicitly specified” in the OPMA. Miller v. City of Tacoma .
FAQ June 1, 2016
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