HOUSE BILL REPORT

SSB 5297

BYSenate Committee on Governmental Operations (originally sponsored by Senators DeJarnatt and McCaslin)

Disallowing secret ballot voting at open public meetings.

House Committe on State Government

Majority Report:  Do pass.  (9)

      Signed by Representatives R. Fisher, Chair; Anderson, Vice Chair; McLean, Ranking Republican Member; Hankins, R. King, Morris, O'Brien, Rector and Sayan.

House Staff:Kenneth Hirst (786-7105)

AS PASSED HOUSE APRIL 3, 1989

BACKGROUND:

In general, the Open Public Meetings Act requires that meetings of a multi- member 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 the subunits of local government which have been created by statute, ordinance, or other legislative act.  Any official action of such a multi-member governing body taken in a meeting which fails to comply with this requirement is null and void.  Civil penalties are provided for certain violations of the act.

Certain sessions of a governing body are exempted from this requirement that meetings be open and public.  Examples of these are executive sessions which are held during regular or special meetings of the body to evaluate the qualifications of applicants for public employment or to discuss with legal counsel agency enforcement actions.

SUMMARY:

No multi-member governing body of a public agency may vote by secret ballot at any meeting which is required to be open to the public.  Any vote taken in violation of this requirement is null and void.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Paul Conrad, Allied Daily Newspapers.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    (1) The bill does not require all meetings to be open to the public; it just requires open, public voting at open, public meetings.  (2) An opinion of the Attorney General states that this is already the law, but not all entities consider the opinion to be binding.

House Committee - Testimony Against:      None Presented.