Staff/Search Firm . A board can also direct its staff or its search firm to take action without those staff or firm activities, or a committee appointed by staff, becoming subject to the OPMA. Citizens Alliance for Property Rights Legal Fund v. San Juan County.
Practice tips:
If a board decides it wants to use a committee as part of its search process, it should define the committee’s role, and what authority, if any, is delegated by the board to the committee, and what authority is reserved to the board. (See Question # 1). If the committee serves in an advisory capacity only, that is, it is providing only advice or recommendations that do not bind the board, the board should make that committee role clear. o For example, say a board appoints a committee to screen applicants and make recommendations on who the board should interview. However, the board retains authority to decide which, if any, of those or other applicants it will interview regardless of the committee’s recommendations or advice and the board does not otherwise delegate any decisionmaking authority to the committee. In that situation, the committee is not subject to the OPMA. Even if a committee is not subject to the OPMA, a board could choose as a policy matter to make some or all of the committee’s meetings public.
7. Can individual board members or individual search committee members review application materials without convening a public meeting?
Yes. Individual members can individually and independently review applications for the position outside a public meeting. Equitable Shipyards v. State. However, a quorum cannot discuss those applications outside of a public meeting.
Practice tip:
Members should also be reminded that application materials may be confidential (see Question # 14), and if so cannot be discussed with persons outside the search process.
FAQ June 1, 2016
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