Executive or Closed Sessions 1410

Before convening in executive session, the chair/president shall publicly announce the general purpose for excluding the public from the meeting place and the time when the executive session will be concluded. The executive session may be extended to a stated later time by announcement of the chair/president.

An executive session may be conducted for one or more of the following purposes:

  1. To consider, if in compliance with any required data breach disclosure under RCW 19.255.010 and 42.56.590, and with legal counsel available, information regarding the infrastructure and security of computer and telecommunications networks, security and service recovery plans, security risk assessments, and security test results to the extent that they identify specific system vulnerabilities, and other information that, if made public, may increase risk to the confidentiality, integrity, or availability of agency security or to information technology infrastructure or assets;
  2. To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price;
  3. To consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price. However, the discussion of the factors comprising the minimum value of the property , and the final action of selling or leasing public property shall be taken in a meeting open to the public;
  4. To review negotiations on the performance of publicly‑bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs;
  5. To receive and evaluate complaints or charges brought against a director or staff member; however, upon the request of such director or staff member, a public hearing or a meeting open to the public shall be con­ducted on such complaint or charge;
  6. To evaluate the qualifications of an applicant for public employment or to review the performance of a staff member; however, discussion of salaries, wages, and other conditions of employment to be generally applied within the district shall occur in a meeting open to the public, and when the board elects to take the final action of hiring, setting the salary of an individual staff member or class of staff members, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public;
  7. To evaluate the qualifications of a candidate for appointment to the board; however, any interview of such candidate and final action appoint­ing a candidate to the board shall be in a meeting open to the public; or
  8. To discuss with legal counsel representing the district matters relating to district enforcement actions, or litigation or potential litigation to which the district, the board, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the district.  Potential litigation means matters protected by attorney-client privilege related to litigation that has been specifically threatened; litigation that the district reasonably believes may be commenced; or the litigation or legal risks of a proposed action or current practice of the district, if public discussion is likely to result in an adverse or financial consequence to the district.

Closed Sessions/Private Meetings

The Open Public Meetings Act does not apply to certain board activities and public notice is not required prior to holding a closed session for any of the following purposes:

  1. Consideration of a quasi-judicial matter between named parties as distinguished from a   matter having a general effect on the public or a class or group; or
  2. Collective bargaining sessions with employee organizations or professional negotiations with an employee, including contract negotiations, grievance meetings, and discussions relating to the interpretation or application of a labor agreement, or when the board is planning or adopting the strategy or position to be taken during the course of collec­tive bargaining, professional nego­tia­tions, or grievance or mediation proceed­ings, or reviewing the proposals made in the negotiations or proceedings while in progress.

Legal References:                  

RCW   42.30.110        Executive sessions

RCW   42.30.140        Chapter controlling--Application

Management Resources: 

Policy News, June 2001 - Legislature Addresses Executive Session

 

Adoption Date: March 10, 1999

Classification:  Discretionary

Revised: 04/19; 11/17


Procedure

Executive Sessions:  Before convening in executive session, the presiding officer shall publicly announce the purpose of the executive session and the estimated time when the session will be concluded.  According to the Open Meetings Act (RCW 42.30.110), the announced purpose of the executive session must be one of the statutorily identified purposes for which an executive session may be held.

  • ¨Consideration of the selection of a site or the acquisition of real estate either by lease or purchase.  Rationale:  This applies when public knowledge regarding such consideration would cause a likelihood of increased price.  The final action of purchasing or leasing real estate shall be taken in open session.
  • ¨Consideration of a minimum price at which real estate will be offered for sale or leaseRationale:  Applies when public knowledge regarding such consideration would cause a likelihood of a decreased sale price.  The final action of selling or leasing real estate shall be taken in open session.
  • ¨Review of negotiations on the performance of publicly bid contractsRationale:  Applies if public knowledge regarding such considerations would cause a likelihood of increased contract costs.
  • ¨Receive and evaluate complaints or charges against a public officer or employeeNote:  If such officer or employee requests, the complaint or charge may be heard in a public hearing or open public meeting.
  • ¨Evaluate the qualifications of an applicant for employmentNote:  Final action to hire, and set the salary of an individual employee or employee group shall take place in an open public meeting.
  • ¨Review the performance of an employeeNote:  Final action discharging or disciplining an employee shall be taken in a meeting open to the public.
  • ¨Evaluate the qualifications of a candidate for appointment to elective officeNote:  Any candidate interviews and final action appointing a candidate to fill a vacant elective office shall be taken in a meeting open to the public.
  • ¨Discuss with legal counsel representing the district matters relating to agency enforcement actions.
  • ¨Discuss with legal counsel representing the district litigation or potential litigation to which the district or a member acting in an official capacity is, or is likely to become, a party.  Rationale:  This applies when public knowledge regarding such discussion is likely to result in an adverse legal or financial consequence to the district.

Closed Sessions:  In accordance with RCW 42.30.140, the Open Public Meeting Law shall not apply to:

¨   (2)       Quasi-judicial hearings,  that portion of the meeting that relates to a quasi-judicial matter involving names parties as distinguished from a matter having general effect on the public or on a class or group.

¨    (3)        Meeting governed by Chapter 34.05 RCW, the Administrative Procedure Act; or

¨    (4) (a)  Collective bargaining sessions with employee organizations including grievance meetings, interpreting application of a labor agreement, (b) planning or adopting the strategy or position of the governing body.

Date: 04/09