Before convening in executive
session, the president shall publicly announce the general 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 president. An executive session may be
conducted for one or more of the following purposes:
A.
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;
B.
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, the final action of selling or leasing
public property shall be taken in a meeting open to the public;
C.
To
review negotiations on the performance of publicly-bid contracts when public
knowledge regarding such consideration would cause a likelihood of increased
costs;
D.
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;
E.
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;
F.
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
G.
To
discuss with legal counsel representing the district matters relating to
district enforcement actions, or 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.
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, grievance meetings, and
discussions relating to the interpretation or application of a 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 the negotiations or proceedings while in progress.
Legal References: RCW 42.30.110 Executive sessions
RCW
42.30.140 Chapter controlling — Application
Management Resources: Policy
News, June 2001 Legislature
Addresses Executive Session
Adoption Date: January, 2005