HOUSE BILL REPORT

HB 974

BYRepresentative Fisch

Prohibiting the use of secret ballots at meetings required to be open to the public.

House Committe on Constitution, Elections & Ethics

Majority Report:     Do pass.  (5)

     Signed by Representatives Fisher, Chair; Pruitt, Vice Chair; R. King, Leonard and Sanders.

House Staff:Kenneth Hirst (786-7105)

AS PASSED HOUSE FEBRUARY 11, 1988

BACKGROUND:

In general, the Open Public Meetings Act requires that meetings of a multi-member governing body of a public agency be open to the public.  The "public agencies" governed by the Act are the commissions and other agencies of the executive branch of state government, the various units of local government, and the subunits of local government which have been created by statute, ordinance or other legislative act. Any official action of such a multi-member governing body taken in a meeting which fails to comply with this requirement is null and void.  Civil penalties are also provided for certain violations of the Act.

Expressly exempted from this requirement for meetings to be open and public are certain executive sessions of the governing body which are held during regular or special meetings of the body.

SUMMARY:

No governing body of a public agency may, at any meeting required to be open to the public, vote by secret ballot on any ordinance, resolution, rule, order or directive.  Any vote taken in violation of this requirement is null and void.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     Paul Conrad, Allied Daily Newspapers (commented on bill).

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     None Presented.

House Committee - Testimony Against: Since a 1971 Attorney General Opinion concludes that such a secret ballot is not permissible and there is no substantial trend toward using secret ballots, the bill may not be necessary.