8. Can a board receive the search committee’s or the search firm’s views of the qualifications of the applicants in executive session?
Yes. The board must confine its discussion, however, to the evaluation of qualifications of applicants. RCW 42.30.110(1)(g) and (h). And, if the committee is subject to the OPMA (depending on its role), it will have decided its recommendations in a public meeting. See Question # 4.
9. Can board members fill out “evaluation forms” when independently reviewing applications?
Yes; however caution is advised.
Individual Members’ Review . Individual members can individually and independently review applications outside a public meeting, and independently fill out evaluation forms assessing the applications if an agency is using such forms. Equitable Shipyards v. State. However, a quorum cannot discuss those completed forms outside of a public meeting. That is, if a quorum wants to discuss these forms it must do so in the public part of the meeting, or in a public meeting’s executive session if members want to discuss applicants’ qualifications that are described in the completed forms. A quorum should not submit completed forms to another board member, a search firm, or staff assisting it in its search in the event that step might be viewed as voting or polling a quorum of the board outside a meeting with an intent by the governing body to collectively decide a matter. See Question # 10. The function of the forms should be confined to assisting the individual member only in his or her review of the applications. Quorum Discussion.
Practice tips: A board should decide if it needs or wants to use an applicant evaluation form. See Question # 1. If a board is considering using a form, it may wish to design the form as a template only for discussion (such as listing the preferred qualifications of the vacant position) rather than a form the board members fill out.
FAQ June 1, 2016
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