Public Review Committee Linda Sullivan-Colglazier Assistant Attorney General July 28, 2011.

Public Review Committee

Linda Sullivan-ColglazierAssistant Attorney GeneralJuly 28, 2011

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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Article 6 - meetingsAll meetings are subject to the Open

Public Meetings Act

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(RCW 42.30)

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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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Regular Meetings

Special Meetings

Executive Sessions

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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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The Chairman or a majority of the members may call a special meeting at any time.

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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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Discussions via email

Gatherings of a quorum

Serial discussions

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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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(RCW 42.56)

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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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Questions?

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