Basics on Open Meetings Act
The expressed purpose of the OPMA is to require “all public commissions, boards, councils, committees, subcommittees, departments, divisions, offices, and all other public agencies of this state and subdivisions” to conduct their deliberations and make their decisions openly.
What public bodies are covered by the Open Public Meetings Act?
Without question, all bodies with clear decision-making authority are covered by the OPMA. But the question gets trickier as decision-makers and decision-making bodies set up or call on subcommittees to make recommendations to them. In short, if a subcommittee’s recommendation(s) can be shown to be the place where the decision(s) are actually made, then they would be covered by OPMA requirements. To read the Attorney General’s guidance on this topic, click here.
When can public bodies meet privately?
As a general rule public bodies cannot meet privately to discuss public business. There are exceptions, but the exceptions should be narrowly construed. The main exceptions to open meetings are formally announced “executive sessions” where the public body can meet privately to discuss personnel matters, certain real estate matters, litigation (or potential litigation) and a handful of other topics specifically identified in RCW 24.30.100. Public bodies can also meet privately for social purposes, or to receive training, or to engage in team-building exercises, so long as they do not discuss public business.
Are “workshop” meetings of public bodies considered open meetings under the Act?
Yes.
If less than a quorum of a public body meets to discuss public business, is such a meeting covered by the Open Public Meetings Act?
It is if the members of the public body present are acting on behalf of the public body.
Can a public body make decisions in executive sessions?
No. All final actions must be taken in public sessions.