AN ACT Relating to
clarifying the circumstances under which the governing body of a public agency
may hold an executive session to discuss litigation; amending RCW 42.30.110;
and adding a new section to chapter 42.30 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 42.30.110 and 1989 c
238 s 2 are each amended to read as follows:
(1) Nothing contained
in this chapter may be construed to prevent a governing body from holding an
executive session during a regular or special meeting:
(a) To consider matters
affecting national security;
(b) 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;
(c) 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, final action selling or leasing public property
shall be taken in a meeting open to the public;
(d) To review
negotiations on the performance of publicly bid contracts when public knowledge
regarding such consideration would cause a likelihood of increased costs;
(e) To consider, in the
case of an export trading company, financial and commercial information
supplied by private persons to the export trading company;
(f) To receive and
evaluate complaints or charges brought against a public officer or employee.
However, upon the request of such officer or employee, a public hearing or a
meeting open to the public shall be conducted upon such complaint or charge;
(g) To evaluate the
qualifications of an applicant for public employment or to review the
performance of a public employee. However, subject to RCW 42.30.140(4),
discussion by a governing body of salaries, wages, and other conditions of
employment to be generally applied within the agency shall occur in a meeting
open to the public, and when a governing body elects to take final action
hiring, setting the salary of an individual employee or class of employees, or
discharging or disciplining an employee, that action shall be taken in a
meeting open to the public;
(h) To evaluate the
qualifications of a candidate for appointment to elective office. However, any
interview of such candidate and final action appointing a candidate to elective
office shall be in a meeting open to the public;
(i) To discuss with
legal counsel representing the agency matters relating to agency enforcement
actions, or to discuss with legal counsel representing the agency litigation or
potential litigation to which the agency, the governing body, 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 agency.
This subsection
(1)(i) does not permit a governing body to hold an executive session solely
because an attorney representing the agency is present. For purposes of this
subsection (1)(i), "potential litigation" means matters protected by
RPC 1.6 or RCW 5.60.060(2)(a) concerning:
(A) Litigation that
has been specifically threatened to which the agency, the governing body, or a
member acting in an official capacity is, or is likely to become, a party;
(B) Litigation that
the agency reasonably believes may be commenced by or against the agency, the
governing body, or a member acting in an official capacity; or
(C) Litigation or
legal risks of a proposed action or current practice that the agency has
identified when public discussion of the litigation or legal risks is likely to
result in an adverse legal or financial consequence to the agency;
(j) To consider, in the
case of the state library commission or its advisory bodies, western library
network prices, products, equipment, and services, when such discussion would
be likely to adversely affect the network's ability to conduct business in a
competitive economic climate. However, final action on these matters shall be
taken in a meeting open to the public;
(k) To consider, in the
case of the state investment board, financial and commercial information when
the information relates to the investment of public trust or retirement funds
and when public knowledge regarding the discussion would result in loss to such
funds or in private loss to the providers of this information.
(2) Before convening in
executive session, the presiding officer of a governing body shall publicly
announce the 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 presiding officer.
NEW SECTION. Sec.
2. A new section is added
to chapter 42.30 RCW to read as follows:
The
attorney general's office may provide information, technical assistance, and training
on the provisions of this chapter.
