HOUSE OF REPRESENTATIVES

                      Olympia, Washington

Bill Analysis      Bill No.  SB 5862

Protecting records of strategy discussions.

Brief Title                              Hearing Date: 3/23/99

Senators Gardner, Horn, and Patterson.     Staff: Steve Lundin

Sponsor(s)                          State Government Committee

                                              Phone:  786-7127

BACKGROUND:

Each state and local agency is required under the Open Public Records Act to make all public records available for public inspection and copying unless the record is exempted from disclosure.  Among others, the following records are exempt from public inspection and disclosure:  (1) preliminary drafts, notes, recommendations; (2) intra-agency memos in which opinions are expressed or policies are formulated, unless the agency publicly cites the document in an agency action; and (3) the contents of real estate appraisals made for the acquisition or sale of property until the sale is abandoned or finalized.

Multi-member bodies, boards, and commissions are required under the Open Public Meetings Act to take actions in open sessions.  However, executive sessions may be held on a variety of matters.  Collective bargaining sessions and planning or strategy sessions associated with collective bargaining are not subject to the open public meeting requirement.

SUMMARY:

Records which would reveal, either directly or indirectly, the strategy or position that an agency will take during the course of collective bargaining, professional negotiations, or grievance or mediation proceedings, are exempt from public inspection and copying.

FISCAL NOTE:  Not requested.

EFFECTIVE DATE:  Ninety days after adjournment of session in which bill is passed.