SENATE 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

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 23, 1988

Majority Report:     Do pass as amended.

     Signed by Senators McCaslin, Chairman; Zimmerman, Vice Chairman; DeJarnatt, Garrett, Halsan.

Senate Staff:Sam Thompson (786-7754); Barbara Howard (786-7410)

                February 24, 1988

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, FEBRUARY 23, 1988

BACKGROUND:

In general, the Open Public Meetings Act requires that meetings of a 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 subunits of local government which have been created by statute, ordinance or other legislative act. Any official action 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 matters that may be taken up in executive sessions.

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.

SUMMARY OF PROPOSED SENATE AMENDMENT:

Language is stricken to clarify that voting by secret ballot on any matter in a public hearing is prohibited.

Appropriation:  none

Revenue:   none

Fiscal Note:    none requested

Senate Committee - Testified:   Paul Conrad, Allied Daily Newspapers (for)