| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| State Government & Tribal Affairs Committee | |
HB 2567
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
Brief Description: Increasing the civil penalty for violating the open public meetings act.
Sponsors: Representative Haler.
Brief Summary of Bill |
|
Hearing Date: 1/23/08
Staff: Colleen Kerr (786-7168).
Background:
Open Public Meetings Act
The Legislature enacted Washington's Open Public Meetings Act (OPMA) in 1971. The OPMA
is modeled on California's Brown Act of 1953 and Florida's Government-in-the-Sunshine Law,
or Sunshine Act, of 1967. Open government laws are often referred to as sunshine laws in
reference to a quote from Justice Brandies who said, "Sunlight is said to be the best of
disinfectants." Indeed, Washington's Public Disclosure Act, now the Public Records Act was
sometimes called the Sunshine Law at the time of enactment.
Open Public Meetings Act Requirements
The OPMA requires that all meetings of the governing body of a public agency must be open
and public for anyone to attend. A "meeting" is defined as meetings where action is taken.
"Action" is the transaction of official business, including, but not limited to, public testimony,
deliberations, discussions, considerations, reviews, evaluations, and final actions. There are
statutory provisions regarding regular and special meetings, conduct, notice requirements, and
penalties and remedies.
Violations of the OPMA
The OPMA provides that every member of a governing body who attends a meeting of the
OPMA where action is taken in violation of the statutory requirements, and has knowledge that
the meeting was in violation, is subject to a civil penalty of $100. A violation of the OPMA does
not constitute a crime.
Summary of Bill:
Penalties for violations of the OPMA are increased from $100 to $1000.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.