S-3948.1 _______________________________________________
SENATE BILL 6414
_______________________________________________
State of Washington 55th Legislature 1998 Regular Session
By Senators Stevens, Roach and Benton
Read first time 01/19/98. Referred to Committee on Government Operations.
AN ACT Relating to open public meetings; amending RCW 42.30.020 and 42.30.120; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 42.30.020 and 1985 c 366 s 1 are each amended to read as follows:
As used in this chapter unless the context indicates otherwise:
(1) "Public agency" means:
(a) Any state board, commission, committee, department, educational institution, or other state agency which is created by or pursuant to statute, other than courts and the legislature;
(b) Any county, city, school district, special purpose district, or other municipal corporation or political subdivision of the state of Washington, including any task force, study group, or official policy development body of such jurisdiction;
(c) Any subagency, task force, study group, or official policy development body of a public agency which is created by or pursuant to statute, ordinance, or other legislative act, including but not limited to planning commissions, library or park boards, commissions, and agencies;
(d) Any policy group whose membership includes representatives of publicly owned utilities formed by or pursuant to the laws of this state when meeting together as or on behalf of participants who have contracted for the output of generating plants being planned or built by an operating agency.
(2) "Governing body" means the multimember board, commission, committee, council, or other policy or rule-making body of a public agency, or any committee thereof when the committee acts on behalf of the governing body, conducts hearings, or takes testimony or public comment.
(3) "Action" means the transaction of the official business of a public agency by a governing body including but not limited to receipt of public testimony, deliberations, discussions, considerations, reviews, evaluations, and final actions. "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.
(4) "Meeting" means meetings at which action is taken.
Sec. 2. RCW 42.30.120 and 1985 c 69 s 1 are each amended to read as follows:
(1)
Each member of the governing body or public agency who attends a meeting
of such governing body or public agency where action is taken in
violation of any provision of this chapter ((applicable to him, with
knowledge of the fact)) who knows or should have been known that the
meeting is in violation thereof, shall be subject to personal liability in the
form of a civil penalty in the amount of one ((hundred)) thousand
dollars. The civil penalty shall be assessed by a judge of the superior court
and an action to enforce this penalty may be brought by any person. A
violation of this chapter does not constitute a crime and assessment of the
civil penalty by a judge shall not give rise to any disability or legal
disadvantage based on conviction of a criminal offense.
(2) Any person who prevails against a public agency in any action in the courts for a violation of this chapter shall be awarded all costs, including reasonable attorney fees, incurred in connection with such legal action. Pursuant to RCW 4.84.185, any public agency who prevails in any action in the courts for a violation of this chapter may be awarded reasonable expenses and attorney fees upon final judgment and written findings by the trial judge that the action was frivolous and advanced without reasonable cause.
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