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Legal counsel briefs commissioners on Open Public Meetings Act; discussion turns to expanding commission membership
Summary
City legal counsel reviewed Washington's Open Public Meetings Act (OPMA), quorum rules and best practices; commissioners discussed whether to seek an ordinance change to enlarge the commission to reduce subcommittee constraints.
Bridal "Boone," the commission’s legal counsel, gave a concise briefing on the Washington Open Public Meetings Act and how it applies to commission work. Counsel emphasized that a quorum is a majority of the governing body and that "anytime any 3 commissioners are talking to 1 another contemporaneously, discussing, considering, deliberating, that is a meeting within the definition of the open public meetings act." He warned that meetings do not require physical presence and can occur by email, text or virtual platforms when a quorum is involved.
Boone explained practical consequences for subcommittees and staff interaction: two commissioners may meet and discuss business with staff present, but three commissioners would create a meeting under OPMA and require public notice and access. He advised that passive receipt of information from staff does not by itself create a meeting, and suggested using BCC when staff distribute materials to the full commission to avoid inadvertent serial discussions.
Commissioners raised the recurring issue that the commission’s five-member size limits subcommittee work. A number of members said a larger commission would allow more robust subcommittees and reduce the administrative friction of the quorum rule. Legal counsel and staff explained that increasing commission membership requires a city ordinance change and a city-council process. Counsel offered to draft proposed ordinance language if the commission wanted to pursue the change.
Why this matters: OPMA rules shape how commissioners can gather information, consult staff and hold subcommittee meetings without violating public-meeting laws. The commission’s current five-member composition limits the practical size of subcommittees and, according to commissioners, hinders workload distribution.
Next steps: Commissioners agreed to consider whether to ask the city council to expand the commission; counsel offered to prepare draft language and staff said the item could be placed on a future meeting agenda for further discussion.
