1410 Executive or Closed Sessions

  • Executive Sessions

    Before convening in executive session, the chair/president shall publicly announce the purpose for excluding the public from the meeting place and the time when the executive session will be concluded. The executive session may be extended to a stated later time by announcement of the chair/president.

    An executive session may be conducted for one or more of the following purposes:

    A.  To consider, if in compliance with any required data breach disclosure under RCW 19.255.010 and 42.56.590, and with legal counsel available, information regarding the infrastructure and security of computer and telecommunications networks, security and service recovery plans, security risk assessments, and security test results to the extent that they identify specific system vulnerabilities, and other information that, if made public, may increase risk to the confidentiality, integrity, or availability of agency security or to information technology infrastructure or assets;
    B.  To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price;
    C.  To consider the minimum price at which real estate will be offered for sale or lease when public knowledge regarding such consideration would cause a likelihood of decreased price. However, discussion of the factors comprising the minimum value of the property, and the final action of selling or leasing public property shall be taken in a meeting open to the public;
    D.  To review negotiations on the performance of publicly-bid contracts when public knowledge regarding such consideration would cause a likelihood of increased costs;
    E.  To receive and evaluate complaints or charges brought against a director or staff member; however, upon the request of such director or staff member, a public hearing or a meeting open to the public shall be conducted on such complaint or charge;
    F.  To evaluate the qualifications of an applicant for public employment or to review the performance of a staff member; however, discussion of salaries, wages, and other conditions of employment to be generally applied within the district shall occur in a meeting open to the public, and when the board elects to take the final action of hiring, setting the salary of an individual staff member or class of staff members, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public;
    G.  To evaluate the qualifications of a candidate for appointment to the board; however, any interview of such candidate and final action appointing a candidate to the board shall be in a meeting open to the public; or
    H.  To discuss with legal counsel representing the district matters relating to district enforcement actions, litigation or potential litigation to which the district, the board, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the district. Potential litigation means matters protected by attorney-client privilege related to litigation that has been specifically threatened; litigation that the district reasonably believes may be commenced; or the litigation or legal risks of a proposed action or current practice of the district, if public discussion is likely to result in an adverse or financial consequence to the district.

    Closed Sessions/Private Meetings

    The Open Public Meetings Act does not apply to certain board activities and public notice is not required prior to holding a closed session for any of the following purposes:

    A.  Consideration of a quasi-judicial matter between named parties as distinguished from a matter having a general effect on the public or a class or group; or

    B.  Collective bargaining sessions with employee organizations or professional negotiations with an employee, including contract negotiations, grievances meetings, and discussions relating to the interpretation or application of labor agreement, or when the board is planning or adopting the strategy or position to be taken during the course of collective bargaining, professional negotiations, or grievance or mediation proceedings, or reviewing the proposals made in such negotiations or proceedings while in progress.

    Legal References:
    RCW 19.255.010             Disclosure, notice – Definitions – Rights, remedies
    RCW 42.30.110                Executive sessions
    RCW 42.30.140                Chapter controlling – Application
    RCW 42.56.590                Personal information–Notice of security breaches

    Management Resources:
    Policy & Legal News       June 2001; July 2017                                          

    ADOPTED:  5/17/1990
    REVISED:  08/28/97; 8/30/01; 9/28/17