position is considered an elected official. Public disclosure of an application to fill an elected position therefore presents different and weightier public policy considerations as compared to disclosure of an application for a typical public employee position. As a result, many parts of the information in application forms to fill a vacant elected position on a board should generally be released.
Practice tips:
A board should consider the Public Records Act (PRA) at RCW 42.56 when designing its application form. For example, for elected position vacancies, perhaps the application form could place all exempt information on the last page (such as Social Security Numbers, if needed) enabling quicker disclosure of the remaining pages in response to a PRA request. Also, a board should direct requests for records to its Public Records Officer, and review PRA questions with its legal counsel.
15.Are there legal consequences if a board does not comply with the OPMA in the search process to fill a vacancy?
Yes. A court action can be filed. RCW 42.30.120; RCW 42.30.130. A board action taken with a secret vote can be declared null and void. RCW 42.30.060(2). A court will assess each board member who knowingly violates the OPMA a $100 penalty (“Each member of the governing body who attends a meeting of such governing body where action is taken in violation of any provision of this chapter applicable to him or her, with knowledge of the fact that the meeting is in violation thereof, shall be subject to personal liability in the form of a civil penalty in the amount of one hundred dollars.”) RCW 42.30.120(1). The prevailing party suing the board shall be awarded reasonable costs and attorneys’ fees. RCW 42.30.120(2). Penalty Amendments. Effective June 9, 2016, the Legislature increased the penalty amount in RCW 42.30.120 for the first knowing violation to $500, with the penalty for a subsequent knowing violation set at $1,000. SB 6171 (Chap. 58, Laws of 2016). Retrace Steps. If a board violates the OPMA and its action is determined to be null and void, it must retrace its steps by taking the action in accordance with the OPMA, which usually means re-discussing and re-voting on the matter in an open meeting. Henry v. Town of Oakville ; Feature Realty v. City of Spokane.
FAQ June 1, 2016
Page 18
Made with FlippingBook Publishing Software