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City attorney gives Fife council a legal refresher on meetings, authority and conflicts
Summary
Outside attorney Emily Romanenko summarized Washington law (RCW), the Open Public Meetings Act and best practices for councilmembers, stressing that council acts collectively, members must avoid directing staff individually and that executive session and city manager channels are the proper paths for personnel or legal concerns.
Emily Romanenko, an attorney at Ogden Murphy Wallace who regularly serves as city attorney for several nearby jurisdictions, gave a presentation for councilmembers on the legal framework that governs council conduct, open meetings and the division of responsibilities between the council and the city manager.
Romanenko said Washington law (RCW) and the Open Public Meetings Act define meetings, public notice requirements and when collective action constitutes final action requiring public deliberation. "Final action is the collective decision or an actual vote by a majority of the city council upon a motion, proposal, resolution or ordinance," she said, repeating statutory language and warning that discussions outside a properly noticed meeting can risk OPMA violations.
She emphasized the practical distinction between legislative action by the council and day‑to‑day administration by the city manager, advising members to "stay in your lane" when interacting with staff and to route requests or sensitive concerns through the city manager or legal counsel rather than directing employees individually.
Using hypotheticals, Romanenko illustrated when individual conduct can create liability: a properly adopted zoning ordinance typically benefits from legislative immunity, whereas directing staff to remove a privately owned tree could expose an individual to personal tort liability if damage occurs. She recommended executive session or city manager involvement for personnel complaints and advised following established complaint channels.
Councilmembers asked for clarification about complaint visibility and budget oversight; Romanenko said councils have discretion on how deeply they review budget line items and that practical engagement often depends on individual council interest and experience.
The training closed with a reminder that following notice rules, referring questions to staff and sharing draft materials with council reduces legal risk and avoids "surprises" at public meetings.
