16.Are there other laws or procedures outside the OPMA that may govern a board’s search process? Maybe. It depends upon the board. For example, see the Municipal Research and Services Center’s article, “The Open Public Meetings Act and Filling Elective Office Vacancies in a City” (Oct. 31, 2012), referencing RCW 42.12.070 which also governs the filling of vacant city elective offices. A board should also consult with its human resources staff, and its attorney, to determine if any other procedures apply.
17.What if a board has questions about a search process to fill a vacant position under the OPMA? Who should it contact?
A board should first contact its attorney. Other sources of general information about the OPMA include the Municipal Research and Services Center (MRSC) (local governments), the Washington State Attorney General’s Office Assistant Attorney General for Open Government (“Ombuds”), and others. The Ombuds website is here. As noted in Question # 16, a board may also want to consult with its human resources staff.
18.What are the citations to the referenced appellate court decisions?
They are (in alphabetical order): Cathcart v. Andersen, 85 Wn.2d 102, 530 P.2d 313 (1975) Citizens Alliance for Property Rights Legal Fund v. San Juan County, 184 Wn.2d 428, 359 P.3d 753 (2015) Equitable Shipyards, Inc. v. State of Wash ., 93 Wn.2d 465, 611 P.2d 396 (1980) Eugster v. City of Spokane , 110 Wn. App. 212, 39 P.3d 380 (2002) (see also later decision at Eugster v. City of Spokane , 128 Wn. App. 1, 114 P.3d 1200 (2005)) Feature Realty v. City of Spokane , 331 F.3d 1082 (9th Cir. 2003) Henry v. Town of Oakville , 30 Wn. App. 240, 633 P.2d 892 (1981) In re Recall of Beasley , 128 Wn.2d 419, 908 P.2d 878 (1996) Miller v. City of Tacoma, 138 Wn.2d 318, 979 P.2d 429 (1999) Spokane Research & Defense Fund v. City of Spokane , 99 Wn. App. 452, 994 P.2d 267 (2000) Wood v. Battle Ground School District, 107 Wn. App. 550, 27 P.3d 1208 (2001) Copies of the decisions are available on the Washington State Judicial Opinions website here.
FAQ June 1, 2016
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