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HomeMy WebLinkAbout081826 - PUBLIC COMMENT_ RE_ Jefferson County Canvassing Board - no remote access to meetingALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Thanks for sending the link, but those cameras appear to not have any audio. If that’s the case, they’re useless for the purpose of a public meeting. I see that there are 13 “election documents” listed on the meeting agenda, none of which have been posted for inspection by the public. So, in the absence of any documentation, having a public comment period on the agenda is essentially meaningless. As a reminder, this public comment must be distributed to the members of the governing body of the agency (the Canvassing Board). Thank you for your efforts; I hope this November will see some improvements. Thank you, Tom Thiersch Member, Washington Coalition for Open Government <https://www.washcog.org/> RCW 42.30.010 <http://app.leg.wa.gov/RCW/default.aspx?cite=42.30.010> Legislative declaration. The legislature finds and declares that all public commissions, boards, councils, committees, subcommittees, departments, divisions, offices, and all other public agencies of this state and subdivisions thereof exist to aid in the conduct of the people's business. It is the intent of this chapter that their actions be taken openly and that their deliberations be conducted openly. The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed and informing the people's public servants of their views so that they may retain control over the instruments they have created. For these reasons, even when not required by law, public agencies are encouraged to incorporate and accept public comment during their decision-making process. RCW 42.30.240 <http://app.leg.wa.gov/RCW/default.aspx?cite=42.30.240> Public comment. (1) Except in an emergency situation, the governing body of a public agency shall provide an opportunity at or before every regular meeting at which final action is taken for public comment. The public comment required under this section may be taken orally at a public meeting, or by providing an opportunity for written testimony to be submitted before or at the meeting. If the governing body accepts written testimony, this testimony must be distributed to the governing body. The governing body may set a reasonable deadline for the submission of written testimony before the meeting. (2) Upon the request of any individual who will have difficulty attending a meeting of the governing body of a public agency by reason of disability, limited mobility, or for any other reason that makes physical attendance at a meeting difficult, the governing body shall, when feasible, provide an opportunity for that individual to provide oral comment at the meeting remotely if oral comment from other members of the public will be accepted at the meeting. (3) Nothing in this section prevents a governing body from allowing public comment on items not on the meeting agenda. (4) Nothing in this section diminishes the authority of governing bodies to deal with interruptions under RCW 42.30.050 <http://app.leg.wa.gov/RCW/default.aspx?cite=42.30.050> , limits the ability of the governing body to put limitations on the time available for public comment or on how public comment is accepted, or requires a governing body to accept public comment that renders orderly conduct of the meeting unfeasible. From: Brenda Huntingford <BHuntingford@co.jefferson.wa.us> Sent: Tuesday, August 18, 2026 10:48 AM To: Tom Thiersch <tprosys@gmail.com>; jeffbocc <jeffbocc@co.jefferson.wa.us> Cc: elections <elections@co.jefferson.wa.us>; Philip Hunsucker <PHunsucker@co.jefferson.wa.us> Subject: RE: Jefferson County Canvassing Board - no remote access to meeting Hi Tom, We have cameras for viewing election processing, you can find them on our web page: https://www.co.jefferson.wa.us/1484/Election-Cameras Written comments can be sent to elections@co.jefferson.wa.us <mailto:elections@co.jefferson.wa.us> by 12:45 today to be distributed to the Canvass Board members for review. In the future, we will include this information in our agenda. You are welcome to attend the meeting in person as an observer. We have had multiple observers present throughout the election-processing period. We are doing our best to address your concerns while preparing for and conducting the Canvass Board meeting to certify this election. From: Tom Thiersch <tprosys@gmail.com <mailto:tprosys@gmail.com> > Sent: Tuesday, August 18, 2026 9:34 AM To: Brenda Huntingford <BHuntingford@co.jefferson.wa.us <mailto:BHuntingford@co.jefferson.wa.us> >; jeffbocc <jeffbocc@co.jefferson.wa.us <mailto:jeffbocc@co.jefferson.wa.us> > Cc: elections <elections@co.jefferson.wa.us <mailto:elections@co.jefferson.wa.us> >; Philip Hunsucker <PHunsucker@co.jefferson.wa.us <mailto:PHunsucker@co.jefferson.wa.us> >; 'Leader Editor' <editor@ptleader.com <mailto:editor@ptleader.com> > Subject: RE: Jefferson County Canvassing Board - no remote access to meeting ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Brenda, It’s never wrong to do the right thing, even when it’s not required by the law. Your willingness to unnecessarily limit public participation in the election process is discouraging, particularly these days when our election system at all levels is under attack by the federal government. You also have not answered either of the two questions that I asked. Tom Thiersch From: Brenda Huntingford <BHuntingford@co.jefferson.wa.us <mailto:BHuntingford@co.jefferson.wa.us> > Sent: Tuesday, August 18, 2026 8:47 AM To: Tom Thiersch <tprosys@gmail.com <mailto:tprosys@gmail.com> >; jeffbocc <jeffbocc@co.jefferson.wa.us <mailto:jeffbocc@co.jefferson.wa.us> > Cc: elections <elections@co.jefferson.wa.us <mailto:elections@co.jefferson.wa.us> >; Philip Hunsucker <PHunsucker@co.jefferson.wa.us <mailto:PHunsucker@co.jefferson.wa.us> > Subject: RE: Jefferson County Canvassing Board - no remote access to meeting Good morning, Tom, Thank you for presenting this issue to us. We agree that the Canvassing Board is subject to the Open Public Act (OPMA), but OPMA does not require hybrid meetings. RCW 29A.60.140 <https://app.leg.wa.gov/rcw/default.aspx?cite=29A.60.140> and WAC 434-262-025 <https://app.leg.wa.gov/wac/default.aspx?cite=434-262-025> require that canvassing boards follow OPMA, but they do not contain a requirement for hybrid meetings. Similarly, the Jefferson County Canvassing Board Manual (January 9, 2024) requires OPMA compliance but does not require hybrid meetings. Section 4- Open Public Meetings All meetings of the Canvassing Board are open public meetings under Chapter 42.30 RCW and shall be appropriately noticed and shall be continued until the activity for which the meeting held is completed. A record of the proceedings of the Canvassing Board shall be made and maintained in the County Auditor’s Office and shall be made available for public inspection and copying. (RCW 29A.60.140(5)). Jefferson County Canvassing Board Manual (January 9, 2024), https://www.co.jefferson.wa.us/DocumentCenter/View/17813/Official-CB-Manual---Adopted-192024?bidId= <https://www.co.jefferson.wa.us/Documen tCenter/View/17813/Official-CB-Manual---Adopted-192024?bidId=> , Accessed August 17, 2026. OPMA does not require hybrid meetings and neither does Resolution No. 50-22 <https://www.co.jefferson.wa.us /DocumentCenter/View/15843/OPMA102022?bidId=> . * “Public agencies are encouraged to provide for the increased ability of the public to observe and participate in the meetings of governing bodies through real-time telephonic, electronic, internet, or other readily available means of remote access that do not require an additional cost to access the meeting.” RCW 42.30.030 <https://app.leg.wa.gov/RCW/default.aspx?cite=42.30.030> (2) (emphasis added). * According to MRSC, “Local governments can (but are not required to) offer a remote attendance option to join the meeting held at a physical location, and this is referred to as a hybrid meeting.” Practical Tips for Holding Hybrid Meetings, MRSC (May 8, 2023), https://mrsc.org/stay-informed/mrsc-insight/may-2023/practical-tips-for-holding-hybrid-meetings <https://mrsc.org/stay-infor med/mrsc-insight/may-2023/practical-tips-for-holding-hybrid-meetings> , Accessed August 17, 2026 (emphasis added). * Resolution No. 50-22 <https://www.co.jefferson.wa.us/DocumentCenter/View/15843/OPMA102022?bidId=> does not require meetings be vitual. Section V.D. states that meeting agendas “must (at a minimum include:” . . . 4. Whether the meeting [is] (sic) virtual, hybrid or in-person. 5. If virtual or hybrid, include information on how people can join the meeting. Resolution 50-22 <https://www.co.jefferson.wa.us/DocumentCenter/View/15843/OPMA102022?bidId=> , Appendix A at 9 (emphasis added). Similarly, the Agenda Form in Appendix A identifies three types of meetings, “In-person, Virtual Only or Hybrid.” Resolution 50-22 <https://www.co.jefferson.wa.us/DocumentCenter/View/15843/OPMA102022?bidId=> , Appendix A at 23. Thus, Resolution No. 50-22 <https://www.co.jefferson.wa.us/DocumentCenter/View/15843/OPMA102022?bidId=> preserves a choice for in-person only meetings. For the reasons discussed above, we respectfully disagree with your email. This email has been approved by the Prosecuting Attorney’s Office. We will move forward with today’s Canvassing Board meeting based on the requirements outlined above, which do not require a hybrid format. We truly appreciate your suggestion and will take it into consideration for future meetings. On a related note, our Elections team has been operating one staff member short throughout this election. Providing a remote option requires facilities, space, and technology that we do not currently have available. We appreciate your input and will explore possibilities for our options in the future. Sincerely, From: Tom Thiersch <tprosys@gmail.com <mailto:tprosys@gmail.com> > Sent: Monday, August 17, 2026 5:26 PM To: Brenda Huntingford <BHuntingford@co.jefferson.wa.us <mailto:BHuntingford@co.jefferson.wa.us> >; jeffbocc <jeffbocc@co.jefferson.wa.us <mailto:jeffbocc@co.jefferson.wa.us> > Cc: elections <elections@co.jefferson.wa.us <mailto:elections@co.jefferson.wa.us> >; Philip Hunsucker <PHunsucker@co.jefferson.wa.us <mailto:PHunsucker@co.jefferson.wa.us> > Subject: RE: Jefferson County Canvassing Board - no remote access to meeting ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Thank you, Brenda, for your reply. Please note BoCC Resolution 50-52. That resolution explicitly includes “Canvassing Board” in the list of boards and committees to which the resolution applies (page 5) and which are subject to the OPMA. 1. How do I see the “Camera view”? 2. How do I remotely provide oral Public Comment, as listed on the meeting agenda? A view-only camera will not meet that requirement. The fact that remote attendance has not been a part of your process in the past does not justify the absence of interactive remote facilities now. The legislature has made it abundantly clear that remote participation is essential; Jefferson County has done a good job in that respect, but with some notable exceptions. The legislature further finds people participating in their government, especially through public comment, is an essential part of developing public policy. The legislature finds that there are numerous developing technologies that can be used to facilitate public comment, especially for those with disabilities, underserved communities, and those who face time or distance challenges when traveling to public meetings. Therefore, the legislature intends to encourage public agencies to make use of remote access tools as fully as practicable to encourage public engagement and better serve their communities." [ 2022 c 115 s 1 <https://lawfilesext.leg.wa.gov/biennium/2021-22/Pdf/Bills/Session%20Laws/House/1329-S.SL.pdf?cite=2022%20c%20115%20 s%201> .] I suppose you can use as an excuse that remote participation is not mandatory, but to ignore the intent of the legislature is not a good look. Tom Thiersch PS: What other counties do is not relevant; if they choose to violate or ignore the intent of the OPMA, that’s a matter for another day. My immediate concern is for the meetings in this county. From: Brenda Huntingford <BHuntingford@co.jefferson.wa.us <mailto:BHuntingford@co.jefferson.wa.us> > Sent: Monday, August 17, 2026 4:40 PM To: Tom Thiersch <tprosys@gmail.com <mailto:tprosys@gmail.com> >; jeffbocc <jeffbocc@co.jefferson.wa.us <mailto:jeffbocc@co.jefferson.wa.us> > Cc: elections <elections@co.jefferson.wa.us <mailto:elections@co.jefferson.wa.us> > Subject: RE: Jefferson County Canvassing Board - no remote access to meeting Hi Tom, Thank you for reaching out and sharing your concern regarding remote access to the August 18, 2026, Jefferson County Canvassing Board meeting. All Canvassing Board meetings are open to the public and may be attended in person. A camera view is also provided so the public can observe the meeting remotely. However, remote participation is not offered for Jefferson County Canvassing Board meetings and has not been part of our process in the past. I also reviewed practices in a few other counties, and it appears that remote participation is generally not provided for their Canvassing Board meetings either. Please let me know if you have any further questions. Best regards, From: Tom Thiersch <tprosys@gmail.com <mailto:tprosys@gmail.com> > Sent: Monday, August 17, 2026 11:57 AM To: jeffbocc <jeffbocc@co.jefferson.wa.us <mailto:jeffbocc@co.jefferson.wa.us> > Cc: Brenda Huntingford <BHuntingford@co.jefferson.wa.us <mailto:BHuntingford@co.jefferson.wa.us> > Subject: Jefferson County Canvassing Board - no remote access to meeting ALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Commissioners, The agenda ( https://co.jefferson.wa.us/DocumentCenter/View/25299/2026-Aug-Certification-Agenda?bidId= <https://co.jefferson.wa.us/DocumentCenter/View/25299/2026-Aug-Certification-Agenda?bidId=> ) posted for the August 18, 2026, meeting of the Jefferson County Canvassing Board does not include a remote access option; i.e., as posted, the meeting is only open for in-person attendance by the public. The lack of remote access would seem to be a violation of both the OPMA and county policy regarding meetings of committees. Please provide remote access and amend the county calendar accordingly. Thank you, Tom Thiersch Member, Washington Coalition for Open Government <https://www.washcog.org/> ==== [RCW 42.30.010 Open Public Meetings Act <https://apps.leg.wa.gov/rcw/default.aspx?cite=42.30&full=true> ] ==== ==== [RCW 42.56.030 Public Records Act <https://app.leg.wa.gov/RCW/default.aspx?ci te=42.56&full=true> ] ==== "The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed and informing the people's public servants of their views so that they may maintain control over the instruments that they have created." ### P SAVE PAPER - Please do not print this e-mail unless absolutely necessary.