Loading...
HomeMy WebLinkAbout110424 email - OPMA violation by SWTFALERT: BE CAUTIOUS This email originated outside the organization. Do not open attachments or click on links if you are not expecting them. Commissioners, Numerous committees that have been deemed subject to the Open Public Meetings Act (OPMA) by Jefferson County are listed in Resolution 50-22***, even though there is no legislative requirement that the work product of many of these committees “must be considered by the BoCC”. The Solid Waste Task Force (SWTF) is not listed in Resolution 50-52, but so are many other committees because that list is “non-exclusive”. The presence of the word(s) “advisory” or “task force” in the name of a committee is not a legitimate or credible excuse for non-compliance with OPMA (e.g., Ferry Advisory Committee). The SWTF was created by the BoCC by Resolution 09-22. The SWTF is a stand-alone committee, create pursuant to legislative act of the BoCC for the express purpose of “Assist[ing] in developing recommendations for the design, siting and financing of solid waste handling facilities for consideration by the Jefferson County Board of County Commissioners”. The BoCC will have the final say on approval of a multimillion dollar project for a new solid waste facility. It is not credible that the BoCC would ever take such an action without relying heavily on the recommendations of the SWTF. The SWTF is unquestionably subject to the OPMA. Because the Special Meeting of the SWTF held on October 9, 2024, was not properly noticed (RCW 42.30.080), each of the 20 members of that committee who participated on that date could be subject to a personal $500 (or $1,000) fine if this matter goes to trial. Finally, please note this document, which memorializes the initial meeting of the SWTF (September 27, 2022): https://tvz93c.p3cdn1.secureserver.net/wp-content/uploads/2023/02/Kickoff-Chartering-Meeting-Notes_FINAL_Vikek11022022.pdf As stated in that document, Mr. Cairns put all participants on notice that the meetings of the SWTF would be held subject to the OPMA; any claims to the contrary are simply thinly veiled attempts to cover up a failure comply with the law. “Al noted that the county is carefully following requirements in the state’s Open Public Meetings Act (OPMA). He said that while the Task Force is not a decision-making body, the department still intends to follow the spirit of OPMA because it is good business. Therefore, all comments that are made on the project will be posted for the public and will automatically get posted to this group. Task Force members will be blind cc’d to maintain privacy. He asked the members to avoid forming a quorum and deliberating on this work. Al [Cairns] also noted these are open public meetings [emphasis added]. He offered to send the link to a virtual training on the OPMA if folks are interested.” So, Commissioners, please stop trying to pretend that the SWTF is not subject to OPMA. It is. 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. *** From: https://test.co.jefferson.wa.us/WeblinkExternal/DocView.aspx?id=4113019&dbid=0&repo=Jefferson <https://test.co.jefferson.wa.us/WeblinkExternal/DocView.aspx?id=4113019&dbid=0&repo=Jefferson> Resolution 50-22 … II. JEFFERSON COUNTY BOARDS, COMMISSIONS AND COMMITTEES THAT ARE SUBJECT TO THE OPEN PUBLIC MEETINGS ACT Most, if not all, meetings of Jefferson County Boards, Commissions and Committees are subject to OPMA. Any Board, Commission or Committee whose by-laws or other operating procedures require compliance with OPMA, must comply with OPMA. In addition, any Board, Commission or Committee that makes recommendation that must be considered by the Board of County Commissioners or the Board of Health is subject to OPMA.