HomeMy WebLinkAbout072622 Additional public comment regarding Open Public Meetings Act (OPMA) Guidelines________________________________
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Commissioners,
As requested by the Board, here is some detail to further explain the recommendations I made at your July 25 meeting on this subject.
Recordings for all meetings.
WHY:
* The OPMA now encourages this practice - RCW 42.30.220 <https://app.leg.wa.gov/RCW/default.aspx?cite=42.30.220> (1). ** Note also the legislature’s strong statement of intent in HB
1329 <https://lawfilesext.leg.wa.gov/biennium/2021-22/Pdf/Bills/Session%20Laws/House/1329-S.SL.pdf> , reflected in part in RCW 42.30.030 <http://app.leg.wa.gov/RCW/default.aspx?cite=42.30.030>
. ***
* Audio-only recordings are relatively small files, and are not subject to PRR exemptions / redactions, so they are easy to store and retain.
* Audio/video recordings may be of greater value, but only if the meeting is reviewing presentation materials, videos, etc.
* Action-only minutes inadequately document the discussions, whether or not those discussions lead to decisions. This can be particularly important for advisory boards.
* If the accuracy of the minutes is challenged, an audio recording allows resolution of disputes (they said-they said).
* Members can use the recording to defend their actions if an OPMA suit is brought alleging violations.
* Computer-generated transcripts can be created at no cost and at any time from a recording (e.g., https://Otter.ai )
Staff time will be minimal, requiring only the copying of the recording from the recording device (usually a smartphone) to Laserfiche, along with the meeting minutes. No special equipment
is needed. If the committee has no assigned secretary, whoever is taking the minutes can also simply use their own smartphone to record the meeting and then transfer the recording to
the responsible person at the county.
If a recording fails due to technical problems, that’s certainly not a big deal (unless it was done deliberately, which would be a felony under RCW 40.16 <https://app.leg.wa.gov/RCW/default.aspx?cite
=40.16&full=true> ****), but this should be a rare occurrence given the reliability of smartphones.
A step should be added to the standard procedure for running a meeting, such as “Start the recording when the meeting is called to order”, to remind the Chair / secretary that recordings
are required by county policy.
Robert’s Rules for small boards.
MRSC has several articles on the subject. Yes, using the full set of the Rules is far too complicated for anything done here; the “small board” rules are far more appropriate. But if
the reference to “Robert’s Rules” is too daunting, you could just refer to them as something like the
[Jefferson County] “Rules of Parliamentary Procedure for County Boards, Committees, and Commissions”.
There are many succinct sets of parliamentary rules derived from Robert’s Rules available on the Internet.
Here’s one example: https://www.utah.gov/pmn/files/817637.pdf
WHY:
If all committees are required to follow the same set of rules for running their meetings:
* Officers / Chairs will know how to run their meetings, not having to rely on what they “think” or what may have heard.*****
* Uniform, impartial rules will protect the rights of all members including the minority.
* Members will know how to behave and what to expect.
* The public will know what to expect.
The BoCC may want to tailor a specific set of rules, based on the county’s “standard” rules of procedure, to accommodate the extra authority of the BoCC; the Planning Commission and
the Board of Health might similarly have special rules.
Public Comment on all agenda items.
This is the practice that has been used by the Port Townsend City Council for as long as I can remember. The PUD started doing this about six or seven years ago, too.
The procedure is:
* Board members discuss the item.
* If the item is discussion-only (e.g., the Finance Manager’s budget report), the Board members discuss it and then public comment is solicited.
* If a motion is made and seconded, public comment is solicited.
* The Board members then may have additional discussion and then the matter is brought to a vote.
* In all cases, public comment is limited to the usual 3 minutes per person per item and no member of the public is allowed to speak more than once per item.
* The Chair has the authority to limit comments to the topic being discussed and to use other means (as discussed in “interruptions”) to maintain control of the meeting.
The rules for public comment should be documented on each agenda and read at the start of every meeting so that the public is fully informed.
In practice, very little time is consumed by these item-specific public comments, and the Board’s decision-making is often improved by what they hear from the public.
If the BoCC adopts this as the standard practice for public comment, agenda preparation will be simpler and less time-consuming.
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.
** RCW 42.30.220 <http://app.leg.wa.gov/RCW/default.aspx?cite=42.30.220>
Recording or online streaming by agency encouraged.
(1) Public agencies are encouraged to make an audio or video recording of, or to provide an online streaming option for, all regular meetings of its governing body, and to make recordings
of these meetings available online for a minimum of six months.
(2) This section does not alter a local government's recordkeeping requirements under chapter 42.56 <http://app.leg.wa.gov/RCW/default.aspx?cite=42.56> RCW.
[ 2022 c 115 § 4 <http://lawfilesext.leg.wa.gov/biennium/2021-22/Pdf/Bills/Session%20Laws/House/1329-S.SL.pdf?cite=2022%20c%20115%20%C2%A7%204> .]
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*** RCW 42.30.030 <http://app.leg.wa.gov/RCW/default.aspx?cite=42.30.030>
Meetings declared open and public.
(1) All meetings of the governing body of a public agency shall be open and public and all persons shall be permitted to attend any meeting of the governing body of a public agency,
except as otherwise provided in this chapter.
(2) 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.
[ 2022 c 115 § 3 <http://lawfilesext.leg.wa.gov/biennium/2021-22/Pdf/Bills/Session%20Laws/House/1329-S.SL.pdf?cite=2022%20c%20115%20%C2%A7%203> ; 1971 ex.s. c 250 § 3 <http://leg.wa.gov/CodeReviser/d
ocuments/sessionlaw/1971ex1c250.pdf?cite=1971%20ex.s.%20c%20250%20%C2%A7%203> .]
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*****
RCW 40.16.010 <http://app.leg.wa.gov/RCW/default.aspx?cite=40.16.010>
Injury to public record.
Every person who shall willfully and unlawfully remove, alter, mutilate, destroy, conceal, or obliterate a record, map, book, paper, document, or other thing filed or deposited in a
public office, or with any public officer, by authority of law, is guilty of a class C felony and shall be punished by imprisonment in a state correctional facility for not more than
five years, or by a fine of not more than one thousand dollars, or by both.
[ 2003 c 53 § 214 <http://lawfilesext.leg.wa.gov/biennium/2003-04/Pdf/Bills/Session%20Laws/Senate/5758.SL.pdf?cite=2003%20c%2053%20%C2%A7%20214> ; 1992 c 7 § 34 <http://lawfilesext.leg.wa.gov/bienniu
m/1991-92/Pdf/Bills/Session%20Laws/House/2263-S.SL.pdf?cite=1992%20c%207%20%C2%A7%2034> ; 1909 c 249 § 95 <http://leg.wa.gov/CodeReviser/documents/sessionlaw/1909c249.pdf?cite=1909%20c%20249%20%C2%A7
%2095> ; RRS § 2347.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180 <http://app.leg.wa.gov/RCW/default.aspx?cite=2.48.180> .
RCW 40.16.020 <http://app.leg.wa.gov/RCW/default.aspx?cite=40.16.020>
Injury to and misappropriation of record.
Every officer who shall mutilate, destroy, conceal, erase, obliterate, or falsify any record or paper appertaining to the officer's office, or who shall fraudulently appropriate to the
officer's own use or to the use of another person, or secrete with intent to appropriate to such use, any money, evidence of debt or other property intrusted to the officer by virtue
of the officer's office, is guilty of a class B felony and shall be punished by imprisonment in a state correctional facility for not more than ten years, or by a fine of not more than
five thousand dollars, or by both.
[ 2003 c 53 § 215 <http://lawfilesext.leg.wa.gov/biennium/2003-04/Pdf/Bills/Session%20Laws/Senate/5758.SL.pdf?cite=2003%20c%2053%20%C2%A7%20215> ; 1992 c 7 § 35 <http://lawfilesext.leg.wa.gov/bienniu
m/1991-92/Pdf/Bills/Session%20Laws/House/2263-S.SL.pdf?cite=1992%20c%207%20%C2%A7%2035> ; 1909 c 249 § 96 <http://leg.wa.gov/CodeReviser/documents/sessionlaw/1909c249.pdf?cite=1909%20c%20249%20%C2%A7
%2096> ; RRS § 2348.]
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***** The most famously misused and misunderstood motion is “calling the question”; most people think that it means that a vote on the pending motion is to be taken immediately while,
in fact, it is a separate motion.
“Calling the question” is a motion to close debate that, once made and seconded, is itself not subject to debate, cannot be ruled as “out of order” unless a prior privileged motion is
pending, and must be voted on immediately before any other business.
If the motion to close debate passes by the required 2/3 margin, a vote on the pending motion must be held immediately with no further debate.
If the motion to close debate fails to pass, debate on the pending motion may continue.
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From HB 1329 <https://lawfilesext.leg.wa.gov/biennium/2021-22/Pdf/Bills/Session%20Laws/House/1329-S.SL.pdf>
[The text below will be updated in the online RCW this fall by the code reviser, per the regular schedule for such updates. The portions highlighted in green are new, added by HB 1329.]
INTENT:
The legislature finds and declares that, due to technological advances since the 1971 adoption of the open public meetings act, elected officials no longer conduct the public's business
solely at in-person meetings, but can and do utilize telephonic and other electronic methods to efficiently conduct the business of state and local government remotely. Further, limitations
on public gatherings required as the result of a disaster or emergency, for example, to assist in preventing the spread of infectious diseases, may affirmatively necessitate the use
of technology and the avoidance of in-person attendance at public meetings for the conduct of governmental business. It is the policy of the state that a governing body's actions, including
deliberations, shall be taken and conducted in the open. When the public cannot observe and participate in person, it may limit participation in democracy.
Therefore, this act shall be construed in favor of ensuring access by the public to observe elected officials when they meet pursuant to this act. It is the intent of this act to modernize
and update the open public meetings act emergency procedures to reflect technological advances, while maintaining the act's public policy that governing body's actions and deliberations
be taken and conducted openly while balancing public safety in emergency conditions. Governing bodies are encouraged to adopt resolutions or ordinances establishing where and how meetings
will be held in the event of an emergency, in order to allow the public to more easily learn about and observe public agency action in an emergent situation.
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.
erson County/ou=__substg1.0_801F001F