Date post: | 02-Jan-2016 |
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The people of the State of Washington do not yield their sovereignty to the agencies which serve them
They do not give public servants the right to decide what is good for the people to know and what is not good for them to know
Citizens have the right to remain informed so they may maintain control over the instruments they have created
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Art. 2, Sec. 3: Complying with Other Laws. In carrying out its responsibilities, the PRC shall comply with
Open Public Meetings Act (RCW 42.30 ) Public Records Act (RCW 42.56), Ethics in Public Service Act (RCW 42.52),
and Other applicable Washington State laws
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Meetings of “governing bodies,” must be open (includes CPARB and PRC)
“Governing Body” - multimember board, commission, committee, council, or any committee thereof when the committee acts on behalf of the governing body, conducts hearings, or takes testimony or public comment
Administrative meetings of government staff are not covered
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Law takes a broad view Meetings where “action” is taken must
be open “Action” includes:
Public testimony All deliberations Discussions Reviews Evaluations Final action
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Article 7 - PRC actions PRC action will be in compliance with the Open
Public Meetings Act. Action means the transaction of the PRC’s
official business, including but not limited to, receipt of public testimony, deliberations, discussions, considerations, reviews, evaluations, and final actions.
Final action means a collective positive or negative decision, or an actual vote by the members present when sitting as the PRC, upon a motion, proposal or resolution.
Final actions include: final determinations on applications for project approval, certification, or recertification, and revocations of certifications.
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Cannot place conditions on people for attending
However, reasonable rules of conduct can be set
Cameras and tape recorders are permitted unless disruptive
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At a regular meeting, committee may address any matter properly before it
At a special meeting, you may only address matters contained in the meeting notice’s agenda
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Regular meetings are recurring meetings of the public body
Must adopt regular schedule and file yearly with Code Reviser
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When: Publish notice of meetings 20 days in advance
Where: Post in legal paper where project or public
body located and on PRC website
What: List public body and projects being considered How public may give comments
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Written notice must be given to: Each member of governing body Each local newspaper, radio, and TV
station which has requested notice Delivered at least 24 hours in
advance Must specify:
Time and place Business to be transacted
(agenda)
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Meet with legal counsel relating to litigation or legal risks of a proposed action
Receive and evaluate complaints or charges against a public officer or employee
Review performance of public employee
Evaluate qualifications of a job applicant
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Art. 6, Sec. 6. Executive Sessions. The PRC may hold an executive
session during any regular or special meeting to consider matters appropriate for these sessions under the Open Public Meetings Act.
However, the PRC may take no final action on these matters during an executive session.
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Any action taken at an improperly closed meeting can be declared null and void
Superior Court Judge can impose a $100 civil penalty and attorney fees against each member
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ARTICLE 11 - INSPECTION AND COPYING OF PUBLIC RECORDS
The inspection and copying of the PRC’s public records will be in accordance with the policies and practices of the Department of General Administration.
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All public records are to be open and accessible to the public unless there is an exemption from disclosure
Burden of proof is on the agency to show why record is exempt
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Any “writing” which contains information relating to the conduct of government,
or the performance of any governmental
function
Note – this may include private computers used for public business
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All means of recording any form of communications
Email and voicemail messages Paper documents Computer data Notes Spreadsheets Photographs and film Sound recordings Electronically stored information
(ESI) Metadata
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Within 5 days, an agency must:
Provide the record, Deny the request,
must cite specific exemption
or Acknowledge request and
provide reasonable estimate of response time
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Some examples are: Preliminary drafts, notes, memoranda,
or recommendations in which opinions are expressed or policies discussed
Materials protected by attorney/client privilege
Certain personal information in an employee’s personnel file SS#, home address, and phone number
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Requester may ask for review by Office of the Attorney General
Requester may file lawsuit in Superior Court where the record is located
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If the agency is found to have violated the Public Records Act, the court may :
Order the records be producedAward $0 to $100 a day for each day of delay
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Office of the Attorney General’s website on Open Government:
www.atg.wa.gov/OpenGovernment/default.aspx
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