HomeMy WebLinkAboutMRSC Publication 63 OPMA and PRA -portionS * * * {<{€ {c ** * * * * * {€ * * {€ * * * * * * * * * * * * * * * *
Re4rfuements for Open l'/Ieetingg
Minut ês, and Othe Y Records
Open Public Meæings
The Open Public Meetings Act, Ch. 42.30 RCW declares that all meetings of the governing body of a
public agency shall be open and public. Most boards and commissions created by statute are subject to
the Open Meetings Act.
Committees established by the goveming body are required to comply with the provisions of the Open
Public Meetings Act when they act on behalf of the governing body by exercising actual or defacto
decision-making powers. The difficulty is determining whether the deliberations of an advisory body are
subject to the act. Responding to a question about city council committees, the Washington State
Attorney General noted in AGO 1986 No. 16 that the fact that the city council almost always follows the
advice and recommendations of its council committees does not require the conclusion that the committee
is acting on behalf ofthe council. A committee acts on behalf of the governing body when it exercises
actual or defocto decision-making authority for the body. This is in contrast to the situation where the
committee simply provides advice or information to the governing body. In the opinion of the
Washington st¿te attorney general's office, such advisory committees do not act on behalf of the
governing body and are therefore not subject to the Open Public Meetings Act.2e
Many counties and cities have a general statement saying that all advisory boards, committee, and
commission meetings are open to the public. To avoid having fo arralyze each body, the most judicious
procedure may be to make all the meetings of all advisory bodies open and public, unless an executive
session is permitted by law. Several illustrations have been included.
Lynnwood - Each advisory body shall hold regular meetings at such times and places as is deemed
advisable but shall hold not less than six meetings each calendar year. All meetings shall be open to
the public and be held on not less than72 hours' notice to members. (Lynnwood Municipal Code,
Section 2.24.110 - Meetings)
Normandy Park - All commission meetings shall be open to the public, and notice of the meetings
shall comply with the Washington Open Public Meetings Act and documents will be deemed subject
to Ch. 42.17 RCW fnow recodified as chapter 42.56 RCWJ. The commission shall hold regular
meetings at least quarterly. The commission shall keep minutes of its regular public meetings, and
records of all official actions shall be made available to the public upon approval of the minutes by
the commission. (Normandy Park Municipal Code, Section2.26.02 (5) - Arts Commission Meetings)
Renton - (D) Except as otherwise stated in state law, all meetings of boards, commissions, and
committees are open public meetings. (E) All boards, commissions, and committees shall establish
regular dates and times for meetings, and shall consult with the city clerk about scheduling special
2esee also, "Who is Subject to the Act?" inThe Open Public Meetings Act: How it Applies to llashington, Cities,
Counties, and Special Districts, Report No. 60 (Seattle: Municipal Research and Services Center, May 2008).
Local êouemment Cítízen AduÍsorg Boaüs 33
\Ymeetings and announcing meeting cancellations. (Renton Municipal Code, Section I8-2 -18-4 -
Reporting and Minutes)
San Juan County - The board of county commissioners recognizes that it is an agency subject to the
Open Public Meetings Act of the State of Washington, as are all subagencies of San Juan County
created by or pursuant to statute, ordinance, or other legislative act, including but not limited to
planning commissions, fair and park boards, and other county commissions and agencies. (San Juan
County Code, Section2.l0.020 - Policy on Open Government)
Tacoma - City committees, boards, commissions, and task forces are subject to the provisions of the
Open Meeting Act. (Tacoma Resolution No. 32408)
Public Reeor ds Requirements
The Washington State Public Records Act applies to "any office, department, division, bureau, board,
commission, or agency of every county, city, town, municipal corporation, quasi-municipal corporation,
or special purpose district, or other local public agency."30
Generally, provisions governing advisory bodies specify that minutes be kept of meetings and that there
be periodic reporting. The recorded activities of the advisory body, such as meeting minutes, reports, and
correspondence, are public records. For information on public records disclosure, consult the Municipal
Research and Services Center's publication, Public Records Actfor Washington Cities and Counties,
Report No. 61, 2007.
There is a general local government records retention schedule, adopted by the Washington State
Archives and Records Management Division, for advisory councils, commissions, committees, and
boards. It covers agendapackets and all referenced and attached documents; audio/video tape recordings
of meetings; correspondence; minutes including all referenced and attached documents; and reports
submitted to goveming council, commission, committee, board, or executive.3r
Three provisions have been excerpted as examples from general provisions for advisory bodies
Lynnwood - The advisory body shall provide for the taking of minutes and maintaining the records
of all regular and special meetings. (Lynnwood Municipal Code, Section 2.24J00 - Procedures,
Records and Minutes)
Renton -All boards, commissions, and committees shall take formal minutes of theirmeetings and
shall appoint a member to take such minutes, or such minute responsibility may be delegated to a
staff support person if there is a staff support person assigned to the board, commission, or committee
on a petmanent basis, who is always in attendance at such meetings. A copy of all minutes shall be
filed with the city clerk as the offrcial record. Any rules and regulations adopted by any board,
commission, or committee shall be filed with the city clerk. (Renton Municipal Code, Section l8-2 -
l8-4 - Reporting and Minutes)
Bonney Lake - The mayor and staff shall ensure that the council is provided with, in a timely
manner, copies of all agendas and minutes for all statutory boards, agencies, and citizen advisory
30RCW 42.17.020(2) - Definitions and WAC 44-14-01001 Scope of coverage of Public Records Act.
3rLocal government Agencies of llashington Stafe Records Management Guidelines and General Records Retentir¡n
Schedules, Approved by Washington State Local Records Committee (Olympia, WA: Office of the Secretary of State, Division
of Archives and Records Management).
34 I'ocal êouernnent Citiøen Addsorg Boards
bodies. The mayor and staff shall ensure that copies of all council agendas and minutes shall be
provided to each board, agency, and commission by the staff in a timely manner.
All recommendations and final reports to the council from all boards, agencies, commissions, and
citizenadvisory committees shall be made in person at a regular council meeting by the chair or a
duly designated representative of each board, commission, or committee, which designee may include
the appropriate department head or assigned staff liaison. A copy of the written report or
recommendation shall be submitted to the city clerk or deputy city clerk by the agenda cut off time,
prior to the scheduled meeting, as established in these policies to allow the council sufficient time to
review. (Bonney Lake Municipal Code, Section 2.04.1040 - Board, Agency, Commission and
Committee Minutes and Recommendations)
[,ocal êovemment Citizen Aduisorg Boaús 39