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HomeMy WebLinkAbout05/13/2025 - OPMA - PRR - Robert's Rules Training for Boards and Commissions - OtherOpen Public Meetings Act Public Records Act Robert’s Rules of Order Training for Boards and Commissions Presented by: Jason Seth, City Clerk/Public Records Officer cityclerk@rentonwa.gov Alex Tuttle, Senior Assistant City Attorney Training Required by the Revised Code Of Washington (RCW): RCW 42.56 and RCW 42.30 Requires all public officials and records officers be trained on the Open Public Meetings Act –RCW 42.30, and the Public Records Act –RCW 42.30 within 90 days of appointment with a refresher training required every four years thereafter. Each appointee should have received notice to view a video on the Open Public Meetings Act soon after his/her appointment was confirmed by Council. If that has not been done, then this training suffices and will be recorded in the City Clerk’s historical files. Current board members will be asked to repeat this training no later than four years’ time. Renton Airport Advisory Committee (Ordinance 5155) 2-17-4 FUNCTION: •The role of the Airport Advisory Committee will be to act in an advisory capacity to the Mayor and City Council on matters referred to the Airport Advisory Committee by the City Council. The primary function will be to provide a forum for members of the community to discuss their concerns directly with airport operators and for collaborative problem solving and resolution of their issues. (Ord. 5155, 9-26-05) Renton Airport Advisory Committee (Resolution 4439) BYLAWS: Article II –Rules of Procedure: A. Robert’s Rules of Order: Unless otherwise provided by law or modified by these rules, the procedure for Committee meetings shall be governed by Robert’s Rules of Order. The Committee has an obligation to the public to be clear and simple in its procedures and in the consideration of the questions coming before it. Therefore, Committee members should avoid invoking the finer points of parliamentary procedure when such points serve only to obscure the issues before the Committee as a whole, and to confuse the audience at public meetings and the public in general. Renton Airport Advisory Committee (Resolution 4439) ARTICLE V—ETHICS 1. STATE AND CITY ETHICS CODE/OPEN PUBLIC MEETINGS ACT: Members shall follow the City’s Code of Ethics Policy 100-07. Members are also required by RCW 42.30.205 to attend Open Public Meetings Act (OPMA) training within 90 days of being appointed and every four years thereafter while appointed to the Committee. Upon completion of the training members shall submit a Certificate of Completion to the City Clerk Division documenting attendance of initial training and subsequent trainings for public officers. Open Public Meetings Act (OPMA) What is a “Meeting” pursuant to RCW 42.30.030: “All meetings of the governing body of a public agency shall be open and public and all persons shall be permitted to attend any meeting of the governing body of a public agency, except as otherwise provided in this chapter.” The Renton City Council is Renton’s “Governing Body.” All Boards and Commissions created by ordinance/resolution or other legislative act are considered extensions of the governing body, therefore all board members/commissioners are required to receive this training. Additionally, the OPMA requires that when safe to do so, meeting locations be held at a physical location, but encourages agencies to develop policies and practices that accommodate remote viewing and participation. I encourage the group to continue to allow remote attendance but recommend that limits be placed on the number of times commissioners can attend remotely. Open Public Meetings Act (OPMA) A meeting occurs when a quorum of the board/commission is present. This generally happens at regularly scheduled board/commissions meetings. However, this could also occur if a quorum of the governing body attends special events such as walking or driving tours of the city. For the Renton Airport Advisory Committee, ten of the eighteen voting members constitutes a quorum. RMC 2-17-2 The only time an alternate member may vote is when the primary member is not present, with two exceptions: Airport Leaseholders and Airport-at-Large. To conduct a proper meeting, a notice with the time, place, date, remote attendance option, and agenda must be posted at least 24 hours in advance of the meeting. A quorum of members must be present. If less than a quorum is present, the Chair or Vice Chair must announce the lack of quorum and cancel the meeting. It is a violation of the OPMA for a board/commission to meet outside of these circumstances. Renton Airport Advisory Committee Voting Members (RMC 2-17-2) The Highlands 1 vote Talbot Hill 1 vote North Renton 1 vote South Renton 1 vote West Hill 1 vote Renton Hill 1 vote Mercer Island 1 vote Benson Hill 1 vote Airport Leaseholders 2 votes Airport-At -Large 2 votes Washington Pilot’s Association 1 vote The Boeing Company 1 vote Council Transportation Committee 1 vote Public Works Administrator 1 vote Open Public Meetings Act (OPMA) Let’s talk about email: We are currently reviewing the possibility of providing city-owned email addresses to RAAC members. Emails are considered public records and are disclosable (with some exceptions) if requested through a Public Records Request. I will speak more on the Public Records Act later. TIPS: •Passive receipt of an email is permissible •Discussion of issues via email by a quorum of the board/commission constitutes a meeting •Do not “reply all” or send an email to the majority of the board •Utilize staff to email meeting materials to the other commissioners •Emails are public records regardless of where they are located (personal phone, home computer, etc.) •When in doubt, do not hit the “send” button Open Public Meetings Act (OPMA) Avoid serial meetings: Serial meetings occur when a series of email, phone, or in-person communications about city business occurs that involves, singly, less than a quorum of the board/commission, but involving, cumulatively, a quorum of the board/commission. Example in a five-member board/commission: Commissioner A and Commissioner B are discussing city business. Commissioner A then communicates that conversation to Commissioner C. Commissioner C then responds to Commissioner A (or B) about that issue. Now three of the five commissioners, a quorum, have held an illegal serial meeting. A “meeting” under the OPMA does not require the contemporaneous physical –or electronic –presence of the members. –Eugster v City of Spokane (2002). Open Public Meetings Act (OPMA) Penalties for violations: Members of a governing body, including boards/commissions, who knowingly attend a meeting held in violation of the OPMA can be subject to a civil penalty of $500 for the first offense and $1,000 for each successive offense (personal liability). The OPMA allows individuals who prevail in an OPMA case to recover attorney’s fees and costs. Actions taken at a meeting where a violation occurred can be declared null and void. Open Public Meetings Act (OPMA) What is Renton doing?: Agendas are posted on the City’s website at least 24 hours in advance of the meeting. Paper notices are posted at City Hall where needed. Notices are posted as required for Special Meetings. Training on the OPMA is provided to all staff who manage boards/commissions. Agendas and minutes for boards/commissions are incorporated into the City’s Digital Records Library. Open Public Meetings Act (OPMA) Questions? Public Records Act (PRA) RCW 42.56 “The people do not yield their sovereignty to the agencies which serve them.” “The people, in delegating authority, 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.” “The people insist on remaining informed so they may retain control over the instruments they have created” Public Records Act (PRA) When a Public Records Request (PRR) is received: Records staff must do the following within five business days: •Acknowledge receipt of the request and provide a reasonable estimate of when the records will be available; or •Make the records available for inspection or copying; or •Provide an internet address or link to the specific records requested (we can’t just point people to the City’s website) •Deny the request and provide a statutory reason as to why the request was denied; or •Provide the records with redactions or exemptions and provide the statutory reasons as to why some portions of the records were exempted or redacted from disclosure Public Records Act (PRA) When fulfilling a PRR: Agencies and its members (including boards/commission members when appropriate): •Read the request carefully to understand what records are being requested; and •Conduct an adequate search for responsive records: •Consider all formats (paper, electronic, email, etc.) •Consider all records of current and former staff, officials, board/commission members •Consider all possible locations (file cabinets, website, audio/video files, personal devices, etc.) •Document search efforts Public Records Act (PRA) Additionally, there is no general “privacy” exemption in the Public Records Act Privacy is a two-part test: •Are the documents considered to be highly offensive to a reasonable person, AND •Is not a legitimate concern to the public If the information does not satisfy both of these factors it cannot be withheld as “private” information under other statutes. Public Records Act (PRA) Penalties for violations: King County penalized $124,000 plus attorney’s fees relating to a request for documents pertaining to the public financing of Qwest Field. The State Supreme Court ruled the fine was not large enough and remanded the case back to Superior Court with a recommendation to increase the penalty. Mason County was penalized $320,000 in fines and legal costs in a case over a request for documents related to a highway-corridor project and sewer systems. Mercer Island was fined $90,560 for illegally withholding several public records for period ranging from 842 to 882 days. Violations can range from $5 to $100 per day, per record, as well as potential attorney’s fees. Public Records Act (PRA) What is Renton doing?: •City Clerk is the designated Public Records Officer for the City of Renton. •The City’s Public Records Act policy is routinely updated to ensure it aligns with state law and is available on the city’s website. •Thousands of documents are available via the City’s Digital Records Library. •Technology is used to assist with the fulfillment of public records requests. •Training is provided to all employees and members of the governing body, including boards/commissioner members. •City Clerk staff continually train, attend conferences and webinars to stay current on court cases and changes to the Public Records Act. •Most boards/commissions have been issued city-owned email addresses for use when conducting board/commission work. Remember, if you are texting (using any type of digital communications, including social media) about board/commission business on your personal devices, those messages are City of Renton records. You may be asked to hand over your personal devices so the City can retrieve the records. Public Records Act (PRA) Questions? Robert’s Rules of Order What are Robert’s Rules of Order: •Guide for conducting meetings and making decisions in groups, aiming to ensure fair, efficient, and democratic processes. •Provides structured framework for parliamentary procedure, outlining how to manage debates, make motions, and vote on issues. •The rules prioritize the right of the majority to decide, while protecting the rights of the minority. Robert’s Rules of Order What are Robert’s Rules of Order (continued): •Core Principles: •Orderly Debate –Everyone has the chance to speak and be heard, preventing individuals from dominating a discussion. •Focus on the General Will –Decisions are based on the collective opinion of the members, not just the whims of a few. •Majority Rule –Decisions typically made by majority vote, but the rules protect the rights of the minority by allowing for amendments, reconsiderations, and appeals. •Clear Procedure –Rules outline procedures for making motions, discussing them, amending them, and voting on them. •Impartial Chair –The chairperson plays a crucial role in enforcing the rules and keeping the meeting on track, and ensuring all persons are treated fairly. Robert’s Rules of Order What are Robert’s Rules of Order (continued): •Key Aspects: •Motions –Formal proposals brought before the group for consideration. Motions are categorized into different types, including main motions, subsidiary motions, and incidental motions. •Debate –Debate is the formal discussion of a motion, where members can express their opinions and offer arguments for or against it. •Voting –Voting is the process of deciding on a motion, usually by majority vote. •Amendments –Changes or modifications to a motion allowing members to refine or improve a proposal. •Reconsideration –Allows the group to revisit a decision that has already been made, potentially to overturn it. Robert’s Rules of Order What are Robert’s Rules of Order (continued): •Basic Principles: •A quorum must be present for business to be conducted. •All members have equal rights, privileges, and obligations. •No person shall speak until recognized by the Chairperson. •Personal remarks or side discussions during debates are out of order. •Only one question at a time may be considered, and one person may have the floor at any one time. •Members have a right to know what the pending question is and to have it restated before a vote is taken. •Full and free discussion of every main motion is a basic right. •Silence is consent. Those who do not vote allow the decision to be made by those who do vote. •The Chair may be allowed to vote based on the board/commission bylaws or rules. Robert’s Rules of Order What are Robert’s Rules of Order (continued): •Role of the Chairperson: •To introduce business in order per the agenda. •To recognize speakers. •To determine if a motion is in order. •To keep discussions focused on the pending motion. •To maintain order. •To repeat motions prior to a vote. •To put motions to a vote and to announce the results Robert’s Rules of Order What are Robert’s Rules of Order (continued): •General Rules of Debate for Small Boards/Commissions: •All discussion must be relevant to the immediately pending question. •No member should speak more than twice to each debatable motion. The second time takes place after everyone wishing to debate has had an opportunity to speak at least once. •All remarks should be addressed to the Chair –no cross debate is permitted. •Debate must address issues –not personalities. •When possible, the Chair should let the floor alternate between those speaking in support and opposition to a motion. •Members may not disrupt a meeting. •Rules of debate can be changed by a 2/3 vote or general consent without objection Robert’s Rules of Order What are Robert’s Rules of Order (continued): •General Rules of Debate for Small Boards/Commissions: •A member must obtain the floor by being recognized by the Chairperson. •Members make a motion (I move to ____). •A motion should be seconded before it is considered (I second the motion, or “second”). •If the motion is in order, the Chairperson will restate the motion and open debate. •The main motion is debated with any secondary motions debated (if allowed). •Debates on amendments take precedence over debate on the main motion and must be decided before continuing debate on the main motion. •Debate is closed when: Discussion is ended, or a 2/3 vote closes debate. •The Chairperson restates the motion, and if necessary, clarifies the consequences of affirmative and negative votes. •The Chairperson calls for the vote and announces the result. Robert’s Rules of Order Questions?