HomeMy WebLinkAbout071722 PUBLIC COMMENT re_ Open Public Meetings Act (OPMA) Guidelines (workshop_ July 18_ 2022)________________________________
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Commissioners, Mr. Hunsucker:
The proposed OPMA Guidelines are a very good draft, but I’ve noticed a few small things that I want to draw to your attention.
PAGE 6 (of the Agenda PDF)
The full wording of the 2nd paragraph of RCW 42.30.010 <https://apps.leg.wa.gov/rcw/default.aspx?cite=42.30&full=true#42.30.010> , recently revised by HB1329, is:
"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."
PAGE 10 (of the Agenda PDF)
Under “D: A Reasonable Deadline for Written Testimony May Be Set”, I recommend adding:
Written testimony received after the deadline will not be included in the official record but will be treated as public comment and distributed to the Board Commission, or Committee
after the meeting (see C:, above).
Under “E: Email addresses …”
Two small edits appear to be needed:
Jefferson County shall provide eEach Jefferson County Board, Commission or Committee subject to OPMA shall be provided with an email address for submission of written public comment.
Emails sent to the designated email address shall be monitored by staff to ensure that all written public comments received via email on an item topic shall be provided to the members
of the Board, Commission or Committee before final action is taken on thean item.
Each Jefferson County Board, Commission or Committee subject to OPMA with a web page shall provide a link to the designated email address. Jefferson County shall also provide a link
on its web page for public comment for every Jefferson County Board, Commission or Committee subject to OPMA.
PAGE 11 (of the Agenda PDF)
I suggest a small addition:
7. A time for public comment and / or deadline for submission of written public comment / testimony before any final action by the Board, Commission or Committee. RCW 42.30.230(1).
PAGE 12 (of the Agenda PDF)
The explanation in G: Public Comment Requirement is essentially a repeat of previously stated requirements. That’s fine, but the language should be the same as previously used. So, for
example, instead of “cutoff”, use “deadline”.
PAGE 16 (of the Agenda PDF)
Under [VII] C: Additional Business Items
“take-action” should be “take action”
Under [VIII] C: Posting the Notice
Add something to the effect that:
“The special meeting notice and agenda also must be sent to each member of the Board, Commission, or Committee unless waived in writing by the member. RCW 42.30.080(1)”
PAGES 17-18 (of the Agenda PDF)
C: Motions and D: Amended Motions are a highly simplified subset of Roberts’ Rules. I recommend that the County and its appointed committees all formally adopt and follow Robert’s Rules
for Small Boards. These abbreviated rules are a well established standard and are fully documented in RONR 12th Edition. Adopting a common set of procedures will make all boards, commissions,
and committees more efficient.
“ACTION ITEM” (several places)
Because of the way that the OPMA defines “action”, that word is commonly misinterpreted to mean what the OPMA calls “Final Action”.
To lessen the confusion, I recommend that the word “decision” be used when referring to Final Action, and “discussion” be used for other action.
For example,
PAGE 20 (of the Agenda PDF)
The meeting minutes are the official record of action items and the discussions that took place and the decisions that were made during the meeting. If creating action-only minutes (recommended),
minutes will resemble the agenda.
and
9. List all additional business items discussed for any item that were not originally listed on a regular meeting agenda. List these in the minutes as "Additional Business: Discussion
re: XXX" and then include any motions/ decisions action that took place.
You may find other ways to state the above, but the point is to not misapprehend the OPMA meaning of “action”.
I’m look forward to the workshop.
Thank you,
Tom Thiersch
Member, Washington Coalition for Open Government <https://washingtoncog.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."
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Guidelines (workshop, July 18, 2022)