making your board and management team meetings opma compliant
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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
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.
OPMA – General Application To Committees And Sub-agencies
OPMA – General Application To Committees And Sub-agencies
“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
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
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 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
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 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.”
Sub-agencySub-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?
Sub-agencySub-agency
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
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 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 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 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 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 | ramer@foster.com 206.447.5955 | petes@foster.com
Questions?
Association ofAssociation ofWashingtonWashingtonPublic Hospital Public Hospital DistrictsDistricts
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