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Kent board receives refresher on Open Public Meetings and Public Records duties

April 05, 2025 | Kent School District, School Districts, Washington


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Kent board receives refresher on Open Public Meetings and Public Records duties
Curtis Leonard, the meeting's OPMA/PRA presenter, told the Kent School District board that a gathering does not have to be called a "meeting" to fall under the Open Public Meetings Act. "It doesn't have to be called a meeting to be considered a meeting," Leonard said, explaining that a retreat, a work session or a series of smaller one-on-one contacts that result in collective action can all qualify.

Why this matters: Leonard said the definition is broad and includes deliberations, consideration of staff reports and even receiving public testimony. "Action is more than just a resolution," he said. "Receiving public testimony, deliberations, discussions, considerations, reviews, evaluations, or final actions. All of those are actually considered action." The guidance included an explanation of serial-meeting risks: separate conversations, emails or texts that effectively cause a majority of the board to deliberate can violate OPMA.

Board members asked practical questions about everyday communications. Vice President Cook described a practice of sending boardwide emails with members BCC'd and asked whether that avoids OPMA risk. "I've gotten in the habit of sending emails where I put all the board members into the blind carbon copy, BCC line," Cook said. Leonard replied that passive receipt is usually safe but cautioned that replies — even individual replies that reach the sender at different times — can create a problematic record of discussion. "As long as there's not a reply all, it's likely not considered a meeting," Leonard said, but he urged caution: "...there's a possibility that it violates the OPMA." He recommended routing time‑sensitive problem reports through district staff when possible so follow-up happens at a public meeting or by staff action.

Leonard also reviewed the Public Records Act (PRA). He said records include emails, text messages and other writings "prepared, owned, used, or retained by the state or local government agency which contains information that relates to the conduct of government." He cautioned directors against using personal text messages or phones for agency business unless they verify they are retaining those records. "If you do that, you will need to verify that you are retaining those records," Leonard said, warning that failure to retain such communications can constitute a PRA violation. He noted district email and district-issued phones are retained by the district and are the safer channels for official business.

Board members sought clarifications about calendar reminders, forwarded messages received before district phones were issued and how to preserve historical messages. Leonard and district staff recommended forwarding or printing such messages into district accounts so they become part of retained records. "There are many ways that we could make sure that that message is retained," Leonard said, describing forwarding or printing as practical approaches.

The presenter closed by urging the board to adopt conservative practices: avoid back-and-forth board discussion by email, use district channels for official communications and direct operational issues to staff for public-agenda follow-up. "I would recommend in those circumstances bringing it to open public meeting potentially," he said, "or in certain circumstances, if it needs to be resolved quicker, to send that communication to district staff to potentially handle."

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Scribe from Workplace AI
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