BILL REQ. #:  H-3944.1 

Read first time 01/10/2006.   Referred to Committee on Criminal Justice & Corrections.

     AN ACT Relating to violations of the open public meetings act; amending RCW 42.30.120; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 42.30.120 and 1985 c 69 s 1 are each amended to read as follows:
     (1) ((Each)) Every member of the governing body who attends a meeting of such governing body where action is taken in violation of any provision of this chapter applicable to him or her, with knowledge of the fact that the meeting is in violation thereof, or who otherwise intentionally violates any provision of this chapter, is guilty of a gross misdemeanor, punishable under RCW 9A.20.021.
     (2) Every member of the governing body who otherwise violates any provision of this chapter shall be subject to personal liability in the form of a civil penalty in the amount of one hundred 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))) (3) 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.