Saturday, October 8, 2016

A HASTILY CALLED MEETING BY THE PORT DID IT VIOLATED PUBLIC MEETINGS ACT? (UPDATED)

A meeting other than the 9:30AM Timber committee meeting was held on Friday afternoon, that wasn't picked up or announced in the local press... Seemed fishy to me.

To help answer that question let's turn the the RCW code 42.30.80: Agendas of regular meetings—Online availability.
Public agencies with governing bodies must make the agenda of each regular meeting of the governing body available online no later than twenty-four hours in advance of the published start time of the meeting. An agency subject to provisions of this section is not required to post an agenda if it does not have a web site or if it employs fewer than ten full-time equivalent employees. Nothing in this section prohibits subsequent modifications to agendas nor invalidates any otherwise legal action taken at a meeting where the agenda was not posted in accordance with this section. Nothing in this section modifies notice requirements or shall be construed as establishing that a public body or agency's online posting of an agenda as required by this section is sufficient notice to satisfy public notice requirements established under other laws. Failure to post an agenda in accordance with this section shall not provide a basis for awarding attorney fees under RCW 42.30.120 or commencing an action for mandamus or injunction under RCW 42.30.130.
[ 2014 c 61 § 2.]
NOTES:
Intent—Finding—2014 c 61: "The legislature intends to promote transparency in government and strengthen the Washington's open public meetings act. The legislature finds that it is in the best interest of citizens for public agencies with governing bodies to post meeting agendas on web sites before meetings. Full public review and inspection of meeting agendas will promote a greater exchange of information so the public can provide meaningful input related to government decisions." [ 2014 c 61 § 1.]

I looked under the RCW regarding special meetings:
RCW 42.30.080
Special meetings.
(1) A special meeting may be called at any time by the presiding officer of the governing body of a public agency or by a majority of the members of the governing body by delivering written notice personally, by mail, by fax, or by electronic mail to each member of the governing body. Written notice shall be deemed waived in the following circumstances:
(a) A member submits a written waiver of notice with the clerk or secretary of the governing body at or prior to the time the meeting convenes. A written waiver may be given by telegram, fax, or electronic mail; or
(b) A member is actually present at the time the meeting convenes.
(2) Notice of a special meeting called under subsection (1) of this section shall be:
(a) Delivered to each local newspaper of general circulation and local radio or television station that has on file with the governing body a written request to be notified of such special meeting or of all special meetings;
(b) Posted on the agency's web site. An agency is not required to post a special meeting notice on its web site if it (i) does not have a web site; (ii) employs fewer than ten full-time equivalent employees; or (iii) does not employ personnel whose duty, as defined by a job description or existing contract, is to maintain or update the web site; and
(c) Prominently displayed at the main entrance of the agency's principal location and the meeting site if it is not held at the agency's principal location.
Such notice must be delivered or posted, as applicable, at least twenty-four hours before the time of such meeting as specified in the notice.
Editorial note: Twenty four hour notice wasn't given by the Port regarding their special meeting for their meeting at 3pm, however their meeting at 8:34 AM on Friday regarding the Timber meeting was annouced twenty four hours prior. Not the following meeting at 3:PM, that was annouced on Friday, not Thursday as it should have been done.
(3) The call and notices required under subsections (1) and (2) of this section shall specify the time and place of the special meeting and the business to be transacted. Final disposition shall not be taken on any other matter at such meetings by the governing body.
(4) The notices provided in this section may be dispensed with in the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage.


Here is a highlight item the discussed during that special meeting at 3:PM that no one heard about until the last moment:
Clallam County Marinas LLC (Presentation) Pages 5-16
That was mainly the jest of this meeting they scrambled to call on Friday, mostly presentations, no actionable items from what I saw on this rush job agenda: http://portofpa.com/AgendaCenter/ViewFile/Agenda/10072016-189
They did make mention in this agenda that Monday's meeting had been canceled, that what made me think this meeting they put together quickly was to replace the meeting they canceled, which could have been scheduled for another day during next week.

The first meeting the Port had during Friday was regarding the Timber Committee, that was held at 9:30AM
That meeting highlight was: Outreach Strategies and the Role of NOTAC
See agenda: http://portofpa.com/AgendaCenter/ViewFile/Agenda/10072016-188
 The article in Friday's PDN only mentioned the Timber committee meeting, no mention of another meeting with the Port that day: Port of Port Angeles, Timber Advisory Committee to meet today … and other items

Editorial: So, that further led me to believe no proper annoucement of the second meeting that day was given because the PDN didn't make mention of the meeting that was to occur that day. I didn't get wind of it until noon time on Friday by email from the Port Announcing the special meeting happening at 3PM....It just looks like they were just trying to make up for a scheduling issue here at the last moment.

The RCW does mention about violations of the code:
RCW 42.30.120
Violations—Personal liability—Civil penalty—Attorneys' fees and costs.
(1) Each member of the governing body who attends a meeting of such governing body where action is taken in violation of any provision of this chapter applicable to him or her, with knowledge of the fact that the meeting is in violation thereof, shall be subject to personal liability in the form of a civil penalty in the amount of five hundred dollars for the first violation.
(2) Each member of the governing body who attends a meeting of a governing body where action is taken in violation of any provision of this chapter applicable to him or her, with knowledge of the fact that the meeting is in violation thereof, and who was previously assessed a penalty under subsection (1) of this section in a final court judgment, shall be subject to personal liability in the form of a civil penalty in the amount of one thousand dollars for any subsequent violation.
(3) The civil penalty shall be assessed by a judge of the superior court and an action to enforce this penalty may be brought by any person. A violation of this chapter does not constitute a crime and assessment of the civil penalty by a judge shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense.
(4) Any person who prevails against a public agency in any action in the courts for a violation of this chapter shall be awarded all costs, including reasonable attorneys' fees, incurred in connection with such legal action. Pursuant to RCW 4.84.185, any public agency which prevails in any action in the courts for a violation of this chapter may be awarded reasonable expenses and attorney fees upon final judgment and written findings by the trial judge that the action was frivolous and advanced without reasonable cause.

Editorial note: From what I saw in their special meeting they had late Friday after noon were all presentations, not actionable items on the agenda, so if they took no actions on those items they would be alright, it was just the timing and the short notice of the meeting that led me to think something was off here.


UPDATE!
 Port of Port Angeles taking another look at Boat Haven management proposals
A special telephone meeting to review the proposals will be announced soon.---PDN

Editorial Note: Apparently the PDN went to the second meeting on Friday afternoon and was able to tell the results of that meeting on Friday, which in my opinion had very little notice that day. Again, no mention of the second meeting meeting being held on Friday was mentioned in Friday's paper, only the first meeting of the day regarding the Timber Committee meeting Friday morning. Now this new additional meeting being called for sometime in the coming days, a special meeting by phone so they can act on the items discussed Friday afternoon. Still, seems odd in my opinion because of not having that announce made about the special meeting on Friday afternoon in the PDN on Friday.

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