AN
ACT Relating to clarifying the circumstances under which the governing body of
a public agency may hold an executive session to discuss litigation; amending
RCW 42.30.110; and adding a new section to chapter 42.30 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
42.30.110 and 1989 c 238 s 2 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.
This
subsection (1)(i) does not permit a governing body to hold an executive session
solely because an attorney representing the agency is present. For purposes of
this subsection (1)(i), "potential litigation" means matters
protected by RPC 1.6 or RCW 5.60.060(2)(a) concerning:
(A)
Litigation that has been specifically threatened to which the agency, the
governing body, or a member acting in an official capacity is, or is likely to
become, a party;
(B)
Litigation that the agency reasonably believes may be commenced by or against
the agency, the governing body, or a member acting in an official capacity; or
(C)
Litigation or legal risks of a proposed action or current practice that the
agency has identified when public discussion of the litigation or legal risks
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)
To consider, in the case of the state investment board, financial and
commercial information when the information relates to the investment of public
trust or retirement funds and when public knowledge regarding the discussion
would result in loss to such funds or in private loss to the providers of this
information.
(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.
NEW
SECTION. Sec. 2. A
new section is added to chapter 42.30 RCW to read as follows:
The
attorney general's office may provide information, technical assistance, and
training on the provisions of this chapter.
