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Kylee Mccandrew
Table of Contents Title 10.1. Conservation Subtitle II. Activities Administered by Other Entities Chapter 13. Air Pollution Control Board Article 4. Clean Energy and Community Flood Preparedness Act 10.1-1329. Definitions
"Regional Greenhouse Gas Initiative" or "RGGI" means the program to implement the memorandum of understanding between signatory states dated December 20, 2005, and as may be amended, and the corresponding model rule that established a regional carbon dioxide electric power sector cap and trade program.
Welcome back! In this blog update we summarize some of your questions on what the new law means. A reminder that the emergency restrictions on public meetings will expire at 12:01 AM on June 1, 2022.
An agency can request that a speaker identify themselves to provide public comment but probably should not forbid them from speaking if they decline. Board meetings are a limited public forum, and MRSC has previously said that absent some other statutory requirement to hold a public hearing, the OPMA did not require a governing body to take comment at all. Since it chose to do so, a governing body could place content-neutral restrictions on participation. Some examples of these restrictions include identifying the speaker, limiting comments to items on the meeting agenda, and limiting the time per speaker.
ESHB 1329 does not change this analysis. It adds the requirement to the OPMA that an agency take comment at or before every regular meeting at which the board will take final action. But we believe the character of the meeting is still a limited public forum. The bill does not require that you allow verbal public comment during the meeting. It allows you to limit comments to written comments and to set a deadline by which they must be submitted. The bill also contains language making it clear that:
Nothing in this section diminishes the authority of governing bodies to deal with interruptions under RCW 42.30.050, limits the ability of the governing body to put limitations on the time available for public comment or on how public comment is accepted, or requires a governing body to accept public comment that renders orderly conduct of the meeting unfeasible.
"Final action" means a collective positive or negative decision, or an actual vote by a majority of the members of a governing body when sitting as a body or entity, upon a motion, proposal, resolution, order, or ordinance.
While the stated intent of ESHB 1329 is to increase transparency and public participation, and the bill encourages the use of technology to provide greater opportunities for public comment, the plain language of the statute only requires public comment before certain types of meetings, specifically meetings at which final action is taken. It does not require an agency to link the public comment with specific agenda items or to delay final action on a specific matter until it has received public comment on that matter.
No. The langauge requires public comment at or before every meeting at which final action is taken. It does not require public comment on every agenda item being considered at that meeting. Agencies can note on the agenda when comment will not be taken on a specific item because the hearing on that item has been closed. Presiding officers can also note this at the beginning of the public comment period.
Has an aggregate valuation of the property subject to taxation by the district, city, or town of less than $400,000,000, as placed on the last completed and balanced tax rolls of the county preceding the date of the most recent tax levy;
Provides confirmation to the state auditor at the time it files its annual reports under RCW 43.09.230 that the cost of posting notices on a website of its own, a shared website, or on the website of the county in which the largest portion of the district's, city's, or town's population resides, would exceed one-tenth of one percent of the district's, city's, or town's budget.
The legislative history of ESHB 1329 does not provide any insight as to why these two requirements are now different. You should discuss with your agency attorney whether it makes sense for your agency to follow the more restrictive of the two requirements. It seems that if your agency qualifies for the exception to post regular meetings it would also meet the requirement for special meetings.
MRSC is a private nonprofit organization serving local governments in Washington State. Eligible government agencies in Washington State may use our free, one-on-one Ask MRSC service to get answers to legal, policy, or financial questions.
Steve has worked in municipal law and government for over 20 years as an Assistant City Attorney for Lynnwood, Seattle, Tacoma, and Auburn, and as the City Attorney for Port Townsend and Auburn. He also has been a legal policy advisor for the Pierce County Council and has worked in contract administration.
Can the chair of a council advisory board discuss ideas via e-mail between monthly meetings among the members without taking any action until we get to the meetings, without such discussions becoming prohibited serial meetings?
Disclaimer: MRSC is a statewide resource that provides general legal, finance, and policy guidance to support local government entities in Washington State pursuant to chapter 43.110 RCW. MRSC website content is for informational purposes only and is not intended as legal advice, nor as a substitute for the legal advice of an attorney. You should contact your own legal counsel if you have a question regarding your legal rights or any other legal issue.
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