Making Your Board and Management Team Meetings OPMA Compliant Association of Washington Public...

Making Your Board and Management Team Meetings OPMA Compliant

Association ofAssociation ofWashingtonWashingtonPublic Hospital Public Hospital DistrictsDistricts

Ramsey Ramerman Sven Peterson

PresentersPresenters

Three areas of consideration to make your committee meetings

comply with the spirit and letter of the Open Public Meetings Act

1. Wording in your resolutions

2. Actual functions and role of committee

3. Public perception

Presentation will focus on the wording

OPMA – General Application To Committees And Sub-agencies


The OPMA requires that all (1) “meetings” of the (2) “governing

body” of a (3) “public agency” be open to the public.

RCW 42.30.030.



“Meeting” occurs when a majority of the governing body meets to

take an “action”

The governing body does NOT need to take a “final action” to

trigger the OPMA requirements

MeetingsMeetings

“Action” is broadly defined as “the transaction of the official business of a public agency by a governing body including but not limited to”:

receipt of public testimony deliberations discussions considerations reviews evaluations & final actions

MeetingsMeetings

“Meeting” does not require members to be present in the same

location or even interact simultaneous.

Conference call with a majority

Email exchange that includes substantive input from a majority

“Serial” meetings such as phone trees or repeated discussions

BUT simply receiving information without comment is not a

meeting

The Broad Meaning of “Meeting”The Broad Meaning of “Meeting”

RESOLUTION OF THE BOARD OF DIRECTORS OF KING COUNTY PUBLIC HOSPITAL DISTRICT NO 27

WHEREAS, Section 13 of the Bylaws of King County Public Hospital District No. 27 authorizes the District’s Board of Directors to designate and appoint such other committees as it may deem necessary or advisable; and

WHEREAS, the Board of Directors wishes to establish a committee to consider matters related to possible expansion; NOW, THEREFORE,

RESOLVED, that a committee of the Board of Directors, to be known as the Expansion Committee, is hereby established, which committee shall be composed of two members of the Board of Directors and three community representatives; and

FURTHER RESOLVED, that the Expansion Committee is hereby authorized and directed to periodically review the District’s expansion plans on behalf of the Board of Directors, conduct hearings and receive public comment.

Resolution Creating Committee Subject to OPMAResolution Creating Committee Subject to OPMA

Governing BodyGoverning Body

“Governing body” means

the multimember board or other policy or rule-making body

OR

any committee thereof IF the committee

• acts on behalf of the governing body, or

• takes public comment, or

• conducts hearings, or

• takes testimony

RCW 42.30.020(2)

Acts on Behalf of:Acts on Behalf of:

A committee acts on behalf of the governing body:

• NOT simply because the committee “performs a specified

function in the interest of the governing body.”

• Only “when it exercises actual or … decision-making authority for

the governing body.”

Takes…Public CommentTakes…Public Comment

“Takes … public comment”

Not easily defined

General input from the public at large

Conducts HearingsConducts Hearings

Hearings means

• “A session in which official testimony and argument are

presented.” OR

• “A proceeding of relative formality (though generally less formal

than a trial), generally public, with definite issues of fact or of law

to be tried, in which witnesses are heard and evidence is

presented.”

• But NOT simple conferences or discussion.

Takes TestimonyTakes Testimony

Testimony means:

• “Evidence given by a competent witness, under oath or

affirmation; as distinguished from evidence derived from

writings and other sources.”

1. Are there members of the Board on the committee?

2. Does the committee act on behalf of the Board?

3. Does the committee hold hearings or take testimony or public

comment?

SummarySummary

RESOLUTION OF THE BOARD OF DIRECTORS OF KING COUNTY PUBLIC HOSPITAL DISTRICT NO. 27




FURTHER RESOLVED, that the Expansion Committee is hereby authorized and directed to periodically review the District’s expansion plans on behalf of the Board of Directors, conduct hearings and receive public comment.

Resolution Creating Committee Subject to OPMAResolution Creating Committee Subject to OPMA





FURTHER RESOLVED, that the Expansion Committee is hereby authorized and directed to periodically review the District’s expansion plans and report to the Board of Directors; and

FURTHER RESOLVED, that the Expansion Committee is not authorized to act on behalf of the Board of Directors, to conduct hearings, or to receive public comment. The Board of Directors may take action regarding expansion or other matters without receiving advice from the Expansion Committee.

Resolution Creating Committee Not Subject to OPMAResolution Creating Committee Not Subject to OPMA


WHEREAS, Section 13 of the Bylaws of King County Public Hospital District No. 27 authorizes the District’s Board of Directors to designate and appoint such other bodies as it may deem necessary or advisable; and

WHEREAS, the Board of Directors wishes to establish a planning commission to consider matters related to possible expansion; NOW, THEREFORE,

RESOLVED, that a planning commission, to be known as the Planning Commission, is hereby established, which commission shall be composed of three community representatives; and

FURTHER RESOLVED, that the Planning Commission shall report to the Board of Directors within one year regarding potential expansion plans; and

FURTHER RESOLVED, that the Board of Directors shall take no action regarding expansion until carefully considering the Planning Commission’s report, which shall be accorded substantial weight.

Resolution creating a sub-agency subject to OPMAResolution creating a sub-agency subject to OPMAResolution Creating a Sub-agency Subject to the OPMAResolution Creating a Sub-agency Subject to the OPMA

Sub-agencySub-agency

The definition of “public agency” includes “any sub-agency of a

public agency which is created by or pursuant to statute,

ordinance, or other legislative act, including but not limited to

planning commissions, library or park boards, commissions,

and agencies.” RCW 42.30.020(1)(c).

1. Must be created by “statute, ordinance or other

legislative act.”

• Ad hoc committee not created by a

legislative act is not a “sub-agency.”


2. Must be a “policy or rule-making body”

• Sub-agency must provide advice that is legally

necessary before the agency can act.

• In other words, is the board required to allow

this sub-agency to weigh in on an issue before

the board itself can act?


1. Was the committee created by resolution?

2. Does the Board have to consider the committee’s advice

before it acts?

SummarySummary

Resolution Creating a Sub-agency Subject to OPMAResolution Creating a Sub-agency Subject to OPMA






FURTHER RESOLVED, that the Board of Directors shall take no action regarding expansion until carefully considering the Planning Commission’s report, which shall be accorded substantial weight.






FURTHER RESOLVED, that the Board of Directors shall be free to take any action regarding expansion or any other matter without considering the report issued by the Planning Commission and without consulting with the Planning Commission in any manner.

Resolution That Does Not Create a Sub-agency Subject to OPMAResolution That Does Not Create a Sub-agency Subject to OPMA

Two more questions:

Is the topic area exempt from the OPMA?

Can the topic be discussed in executive session?

Must The Meeting be Open to the Public?Must The Meeting be Open to the Public?

The OPMA does not apply to:

Licensing/permitting for businesses or professionals

Quasi-judicial matters

Matters governed by the Washington Administrative

Procedures Act, chapter 34.05 RCW

Collective bargaining

Topic Areas Exempt From the OPMATopic Areas Exempt From the OPMA

Eight common grounds:

1. National security

2. Acquisition of real estate

3. Sale of real estate (final decision in open meeting)

4. Evaluate charges against a public officer or employee

Executive SessionExecutive Session

Eight common grounds continued:

5. To evaluate the qualifications of an applicant/performance review

6. To evaluate the qualifications of a candidate for appointment to elective office. Interviews and selection in public; and

7. To discuss with legal counsel in enforcement action or potential litigation

8. Quality assurance & privileging RCW 70.44.062

Executive SessionExecutive Session

Presenters: Ramsey Ramerman and Sven Peterson

Ramsey Ramerman Sven Peterson206.447.4674 | [email protected] 206.447.5955 | [email protected]

Questions?

Association ofAssociation ofWashingtonWashingtonPublic Hospital Public Hospital DistrictsDistricts

Making Your Board and Management Team Meetings OPMA Compliant Association of Washington Public...

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