Z-1377               _______________________________________________

                                                   HOUSE BILL NO. 1744

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Leonard, Betrozoff, Zellinsky, Peery, Taylor, Haugen, Holm, Cole, J. Williams,P. King and D. Sommers

Read first time 1/25/88 and referred to Committee on Constitution, Elections & Ethics.

AN ACT Relating to executive sessions held by school district boards of directors for self-evaluation; and amending RCW 42.30.110.

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

        Sec. 1.  Section 11, chapter 250, Laws of 1971 ex. sess. as last amended by section 3, chapter 389, Laws of 1987 and RCW 42.30.110 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;

          (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) For school district boards of directors, for the purposes of self-evaluation, but a session for this purpose shall not be held more than once a year.

          (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.