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Home My WebLink AboutCC Agenda Packet 02282023 Special MeetingFebruary 28, 2023 Port Angeles City Council Meeting Page 1 February 28, 2023 City of Port Angeles Council Special Meeting Agenda This meeting will be conducted virtually. The Mayor may determine the order of business for a particular City Council meeting. The agenda should be arranged to best serve the needs and/or convenience of the Council and the public. The Mayor will determine time of break. Closed captions may be available, please email cityclerk@cityofpa.us or call The items of business for regular Council meetings may include the following: The special meeting is open to the public. To attend the meeting virtually, follow the instructions below, or visit www.cityofpa.us for more information regarding our virtual meetings. For audio only: 1-844-992-4726 Access code: 2556 626 8830 Join through the Webex link: https://cityofpa.webex.com/cityofpa/onstage/g.php?MTID=ef7e21461da98247c4ec25f89f83f184a A. Call to Order – Special Meeting at 5:00 p.m. B. Roll Call C. Council Photo Council will gather for a group photo. D. Public Records Act Annual Training City Attorney William Bloor will provide a presentation on the Open Public Meetings Act, Public Records Act, and Ethics Training for Elected Officials. E. Adjournment – 7:00 p.m. Topics: Public Records Act Open Public Meetings Act Ethics What the City Council Needs to Know 1 2 Why is the PRA important to you as Councilors? Liability Transparency What Does the City Do? Well developed program Training What Do You, as Councilors, need to do? Recognize Significance Participate in Response to request 3 Historical Context •Very popular citizens’ initiative •Passed in 1972 •72 percent of the vote 4 Basic Principles All records*are available for review and copying by the public. “This chapter shall be liberally construed and its exemptions narrowly construed…” Court enforced 5 Basic Principle Presume everything is a record 6 Basic Principle Perform a thorough search 7 Basic Principle Be prompt Comply with the schedule prepared by the Public Records Officer (PRO). 8 Why Should You Care?9 First, it is a legal obligation The Public Records Act is Important What Does the City Do? Well developed program Training Annual More than most cities 10 Procedure All employees are trained to recognize a request for public records. All requests for public records are reduced to writing. All requests are forwarded to the City’s Public Records Officer (PRO). 11 Transparency is Good •Improves public confidence in City •Informs the public •Counters negative beliefs about government The Public Records Act is Important 12 The Public Records Act is Important Liabilities If the City fails to provide a requested record, there are significant, mandatory penalties. Even accidental violations No Insurance Coverage Penalties come out of General Fund $$$ 13 Possible Violations Do not produce record Do not perform an adequate search Do not respond timely We have only 5 days to provide records or estimate when they will be ready. 14 What is a Public Record, Anyway? 15 Your Role as a Council Member - “I think this is a records request…” •Record the request and contact information from the constituent •Immediately forward the request to City Clerk Kari Martinez-Bailey Err on the side of caution. When in doubt, assume it is a records request. 17 Your Role as a Council Member - Helping Constituents “How do I request records from the City?” •Online Portal (Preferred method) •Fill out paper form at City Hall •Email or Call City Clerk or Police Records Department 18 Summary Why is the PRA important to you as Councilors? Liability Transparency What Does the City Do? Well developed program Training What Do You, as Councilors, need to do? Recognize Significance Participate in Response to request 19 Open Public Meetings Act (OPMA) 20 Topics: OPMA –basic requirements What is a governing body What is a meeting What is an action What a meeting is not Serial meetings What makes a meeting Open What happens if there is a violation What about hybrid meetings 21 OPMA Policy Legislative Declaration It is the intent of this chapter that [actions of a governing body] be taken openly and that their deliberations be conducted openly. RCW 42.30.010 22 Basic Requirements •All Meetings of a Governing Body •Must Be Open •Subject to 2 exceptions •All persons must be permitted to attend •Secret Voting is not allowed •Final actions must be adopted at an open, public meeting or they are invalid 23 What is a “governing body of “public agency.” 24 To Begin, You Are! “Governing body” includes: The [city] council, and a policy or rule-making body of the city council, and any committee of either when the committee acts on behalf of the governing body, or conducts hearings, or takes testimony or public comment. RCW 42.30.020(2) 25 What is a Meeting? 26 What is Action? An Action is …the transaction of the official business of a public agency by a governing body including but not limited to receipt of public testimony, deliberations, discussions, considerations, reviews, evaluations, and final actions. 27 Meetings are not Less than a quorum (If there is no quorum, meeting does not proceed) Socia Gatherings (Unless you discuss City business at the gathering!!!) 28 CAUTION!!! “A meeing” can occur outside of formal meetings Serial Meetings Email Text Messaging Social Media Phone Calls Etc. 29 What exactly makes a meeting “open”? 30 Open Means Everyone Is Invited Meetings declared open and public. All meetings of the governing body . . . shall be open and public and all persons shall be permitted to attend. . . , except as otherwise provided in this chapter. RCW 42.30.030 31 In limited circumstances, meetings are not open Executive sessions Closed sessions 32 Why Hold Executive Sessions? •Discuss litigation or potential litigation •Consider selection of real estate for purchase, if disclosure likely to increase price •Consider minimum offer for sale of real estate, if disclosure likely to decrease price •Consider complaints brought against officer or employee •Review qualifications of an applicant for employment or for governing body 34 What happens if the Act is violated? RCW 42.30.060 -Actions are “null and void” RCW 42.30.120(1)(2) -Civil penalties Knowing violation: $500 for the first violation $1000 for each subsequent RCW 42.30.120(4) -Attorney’s fees 35 What about Hybrid Meetings Recent changes in state statutes State law strongly encourages hybrid meetings New normal Benefits •Increases participation •Members and the public can access meetings in the best way for them •Protects those uncomfortable with public gatherings •Allows for in person interaction 36 Hybrid Meetings –Things to Consider Ensure that a quorum is maintained. Council members’ videos should remain on. Conduct voting only when video and audio are on. Ensure that the prohibition against secret voting is not violated. 37 Summary: OPMA –basic requirements What is a governing body What is a meeting What is an action What a meeting is not Serial meetings What makes a meeting Open What happens if there is a violation What about hybrid meetings 38 Ethics / Conflicts of Interest 39 Source of Ethics Rules For Port Angeles –state law 40 Key points Violations can be serious Prohibited Acts Beneficial interest in contracts Financial gain Special benefits Disclosure of confidential information Situations that impose limitations Remote interests Common law conflicts of interest 41 Ethics –Violations can be serious Ethics violations can have serious consequences. ➢A contract made in violation of the ethics rules is void. ➢$500 fine. ➢Criminal penalties may apply. ➢Forfeiture of Office. ➢Discredit government in public perception. ➢Discredit yourself. It is your responsibility to recognize a potential conflict and act accordingly. 42 Ethics – There are rules, But, Some exceptions from the provisions of the Act. There are differing interpretations. 43 Seattle Times Ethics policies in city governments: It’s complicated Originally published May 7, 2011 at 10:00 pm Updated May 8, 2011 at 12:01 am When conflicts of interest pop up in some cities and towns, a number of issues come into play and answers aren't always easy to find, . . . . By Keith Ervin Paulette Bauman was in her first month on the Woodinville City Council when it took up downtown zoning regulations.She raised her hand and stated that her parents and other family members owned land in the heart of downtown. . . . . Keith Ervin: kervin@seattletimes.com 44 Ethics –Two Categories Prohibited acts Situations that Impose Limitations 45 Prohibited Beneficial Interests in Contracts 46 Ethics –Beneficial Interests in Contracts 47 Prohibited FINANCIAL gain 48 Prohibited special Benefits or privileges 49 Prohibited Disclosure of Confidential Information 50 Ethics –Situations that Impose Limitations 1.Remote Interests 2.Common law Conflicts of Interest 52 Ethics –Situations that Impose Limitations –Remote Interest 53 Ethics –Situations that Impose Limitations 54 Ethics –Situations that Impose Limitations If a Council Member has a remote interest, the City can take the action, the member is not required to resign, The member must disclose the extent of his or her interest, Must abstain, and not attempt to influence any other council member to approve the contract. 55 Ethics –Situations that Impose Limitations Remote Interests Common law Conflicts of Interest 57 Ethics –Situations that Impose Limitations –Common Law Conflict of Interest 58 Ethics –Application The statutory standards are considered to be minimum ones. City staff do not know the details of your personal relationships. Duty of each council member to be aware of ethical considerations. 59 60 Summary Violations can be serious Prohibited Acts Beneficial interest in contracts Financial gain Special benefits Disclosure of confidential information Situations that impose limitations Remote interests Common law conflicts of interest 61 Thank You for Your Attention 62 Discussion? 63