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Attorney urges Mabton council to keep policymaking in open meetings
Summary
An attorney presented rules of procedure and ethics to Mabton council members, stressing that policymaking must occur in public under the Open Public Meetings Act and advising on conflicts of interest, executive‑session limits and delegation to staff.
An attorney who has advised other jurisdictions told Mabton council members on May 27 that policymaking must be done in public and that council members should avoid acting unilaterally.
Emily, an attorney with Ogden Murphy Wallace, told the council: "policy making always has to occur in open meetings." She explained that a city's classification (code city, strong‑mayor versus manager) affects what town officials may do and said council must generally delegate day‑to‑day authority to the mayor and staff so it cannot be forced to meet daily.
The presentation reviewed the Open Public Meetings Act (cited in the transcript as RCW 42.30) and described permissible uses of executive sessions — for example, to discuss litigation strategy or real‑estate negotiations — while cautioning that exemptions should be used sparingly. The attorney also advised council members to announce and recuse themselves when financial conflicts arise.
To illustrate the risks of single‑member direction, the presenter described a scenario in which a council member told public works to stop repairing potholes and instead trim trees, which delayed road repairs and confused staff. She also reviewed the typical contract procurement process and said the council should set negotiating limits and allow staff to implement adopted policy.
The attorney emphasized liability protections for elected officials but warned they do not apply to intentional or willful misconduct; the transcript includes a cited reference to a tort‑immunity statute (transcript reference: RCW 4 24 4 70). Council members asked for copies of the slides, and the attorney said she would email the presentation for distribution.
The presentation concluded with an invitation to follow‑up training and to incorporate clearer procedural rules into the municipal code where helpful.
