Council member withdraws motion to refer alleged OPMA concerns to Ethics Commission after legal guidance

During new business on March 10, Council Member Decker moved that the Lynnwood City Council request the City Ethics Commission review recent council communications for impropriety or potential violation of the Washington Open Public Meetings Act (OPMA). The motion was seconded for discussion.

Council members and staff questioned the proper forum for OPMA complaints. City Clerk Luke Lonnie and the city attorney explained that the Lynnwood Ethics Commission enforces provisions of the Lynnwood Municipal Code (LMC) 2.94 (the city ethics code) but does not have jurisdiction to adjudicate alleged OPMA violations. The city attorney noted that OPMA enforcement generally occurs via superior court filings; the ethics commission could first evaluate whether a complaint fell under its jurisdiction and decline if it did not.

Council Member Parshall and others discussed concerns about transparency and public trust motivating the request, while other members said the transcript and available documentation did not show a serial meeting or OPMA violation. After legal guidance and council discussion about available enforcement channels and likely jurisdictional limits, Council Member Decker withdrew the motion.

The clerk and city attorney advised that if a member of the public or an interested party believes an OPMA violation occurred, the typical remedy is a superior court action; the ethics commission could review only alleged violations that fall within the specific categories of the city’s ethics code (for example, personal gain, conflicts of interest, acceptance of gifts, campaign irregularities, or misuse of confidential information).