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HomeMy WebLinkAboutMinutes 02/23/1976 . . . BY-LAWS OF THE CITY OF PORT ANGELES. WASHINGTON. PLANNING COMMISSION ARTICLE I - NAME section 1. Name The official name of the organization shall be liThe City of Port Angeles, Washington, Planning Commissionll. ARTICLE II - OFFICIAL SEAT Section 1. Official Seat The official seat of the Planning commission shall be in the City Hall of Port Angeles, Washington, 321 East Fifth Street, and meetings shall be held there except on such occasions and at such times as the Commission may, by a majority vote of those present at any regular, recessed or special meeting, otherwise direct. ARTICLE III - OFFICERS Section 1. Officers The elective officers of the Planning Commission shall consist of a Chairman and Vice-Chairman. Section 2. Nomination and Election of Officers Nomination of elective officers shall be made from the floor at the annual election meeting which shall be held on the last regular meeting of February of each year. The election shall follow immediately thereafter. Officers shall be nominated and elected from the appointed members only. A nominee receiving a majority vote of those present at the election meeting shall be declared elected. section 3. Terms of Officers The term of office for elective officers shall start on March 1st and shall continue for a term of one year. Elective officers shall not serve consecutive terms in the same office. Section 4. Vacancies in Offices vacancies in elective officers shall be filled immediately by regular election procedure for the unexpired portion of the term. -1- As amended: 2-23-76; 4-11-77; 8-23-78; 5-23-79; 1-19-88; 3-16-90; 4-25-90 .: .. .' section 5. Duties of Officers (a) Chairman The Chairman shall preside at all meetings and public hear- ings of the Planning Commission and shall call special meet- ings when he deems it necessary or is required to do so. He shall appoint all committees, shall be an ex-officio member of each, without power to vote. He shall certify the expenditure of Planning Commission funds and shall sign the minutes of Planning Commission meetings and all official papers and plans involving the authority of the Planning Commission which are transmitted to the City Council. The Chairman shall have the privilege of discussing all matters before the Planning Commission and voting thereon. He shall have all the duties normally conferred by parliamentary usage on such officers and shall perform such other duties as may be ordered by the Planning Commission except as otherwise provided in these By-Laws, in other Planning Commission regulations, or in City Ordinances. (b) Vice-Chairman The Vice-Chairman shall assume the duties and powers of the Chairman in his absence. If the Chairman and Vice-Chairman are both absent, the Planning Commission members may elect a temporary chairman by a majority vote of those present at a regular, recessed or special meeting, who shall assume the duties and powers of the Chairman and Vice-Chairman during their absence. It shall be the responsibility of the Vice- Chairman, as well as the Chairman, to take the lead in promoting effective public relations in the development and implementation of a Comprehensive Plan for the City and ordinances and regulations related thereto. (c) Executive Secretary The Executive Secretary shall keep the minutes of all regu- lar, recessed, and special meetings of the Planning Commis- sioni such minutes shall be approved by the Planning Commis- sion. He shall also keep the minutes of Planning Commis- sien Committee meetings when requested to do so. He shall give notice of all regular and special meetings to Planning Commission members, shall prepare the agenda of regular and special meetings, shall serve proper and legal notice of all public hearings, and shall draft and sign the routine cor- respondence of the Planning Commission. The Executive Secretary shall maintain a file of all studies, plans, -2- As amended: 2-23-76; 4-11-77; 8-23.78; 5-23-79; 1-19-88; 3.16-90; 4-25-90 . .'. . reports, recommendations, and official records of the Plan- ning commission and perform such other duties as are normally carried out by a secretary and as the Planning Commission may determine. The Planning Commission may designate a member of the staff to perform any of the duties of the Executive Secretary under the Planning Commission supervision. ARTICLE IV - MEETINGS Section 1. Reqular Meetings: Time and Place The regular monthly meeting for the establishment of policies related to the Comprehensive Plan and development program and for consideration of planning legislation shall be held on the fourth Wednesday of each month at 7:00 P.M. in the City Hall, except as otherwise designated by the Planning Commission. A regular monthly meeting for administrative, routine and hear- ing-type matters shall be held on the second wednesday evening of each month at 7:00 P.M. in the City Hall, except as otherwise designated by the Planning Commission. Any change in the hour, date and place of regular meetings shall be given wide publicity for the convenience of persons having business before the Commission. When the regular meeting day falls on a legal holiday, the replacement date will be designated by the Planning Commission. Section 2. Recessed Meetings Any regular meeting may be recessed to a definite time and place by a majority vote of the planning Commission members present at the meeting. Section 3. Special Meetinqs Special meetings may be called by the Chairman. Special meetings must be called upon the written request of any three members of the Planning Commission. Section 4. Notice of Meetinqs Notice of all regular and special meetings shall be given by the Executive Secretary to the members of the Planning Commission. Notice of all regular meetings shall be at least 4 days (96 hours) prior to the meeting. Notice to members of the Planning commission of all special meetings shall be at least 2 days (48 hours) prior -3- As amended: 2-23-76; 4-11-77; 8-23-78; 5-23-79; 1-19-88; 3-16-90; 4-25-90 ,/ . . je to the meeting. In addition to the giving of the notice of all special meetings to the members of the Planning Commission, notice shall also be given to each local newspaper of general circulation in the city of Port Angeles and to each radio station and television station serving the City of Port Angeles, said notice to be delivered personally or by mail at least 24 hours before the time of the meeting specified in the notice. The notice shall state the time and place of the meeting and the business to be transacted and final disposition shall not be taken on any other matter at such meeting by the Commission. The written notice provided for herein to be given to any member of the Planning Commission may be dispensed with as to any member who at or prior to the time the meeting convenes files with the secretary of the Commission a written waiver of notice. The notice may also be dispensed with as to any member who was actually present at the meeting at the time it convenes. The notices provided herein for a special meeting may be dispensed with in the event this meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage. The agenda of all regular meetings shall be closed on the Wednes- day evening prior to the following Wednesday meeting of the Plan- ning Commission, excepting that urgent matters may be inserted on the agenda later in the discretion of the Chairman. Petitions and communications from the audience and matters brought to the meeting by the planning staff and Commission members, which are not on the agenda for the meeting, may be received and discussed at the meeting. However, no official action may be taken on any matter at a Planning Commission meeting which is not included on the agenda for such meeting or which has been added to the agenda after it has been received by the Planning Commission members; except that this requirement may be suspended at any meeting by the unanimous vote of the members present at the meeting. Section 5. Order of Business - Reqular Meeting for Administra- tive. Routine. and Hearinq-Tvpe Matters ( a) (b) ( c) (d) (e) ( f) (g) (h) Call to order by Chairman Roll call Approval of minutes of preceding meeting Public hearings Regular business Petitions and communications from audience Written communications Reports from Planning commission members and committees -4- As amended: 2-23-76; 4-11-77; 8-23-78; 5-23-79; 1-19-88; 3-16-90; 4-25-90 . .' . (i) staff reports (j) Communications from Planning commission members (k) Adjourn Section 6. Order of Business - Reqular Meetinq for Discussion of Matters Related to Comprehensive Planninq (a) Call to order by Chairman (b) Roll call (c) Approval of minutes of preceding meeting (d) Staff reports (e) Reports from Planning commission members and committees (f) Communications from audience (related to comprehensive planning only) (g) Communications from Planning Commission members (h) Adj ourn section 7. Operational Guidelines A. All requests and applications on zoning, conditional uses, annexations, and vacations will be tabled if the applicant or an authorized representative is not present at the hearing on the request or application. B. All requests and applications will be tabled if all essen- tial information is not provided to the Planning Commission prior the hearing of the request or application. C. All requests and applications requiring legal opl.nl.on or interpretation will be tabled until the Planning Commission has received an opinion or interpretation from the city Attorney. D. The Commission shall act as a body in making its decisions and in announcing them. E. Willful misrepresentation of information pertaining to a request or application will void that request or application upon discovery of the misrepresentation. F. The Planning commission will not commence a new hearing after 10 P.M. Section 8. Public Hearinq Procedure (a) Chairman reviews the application orally. Planning staff adds any related or background information. Commissioners permitted to ask any relevant questions on the application, to the Chairman or staff. Public hearing opened with a brief -5- As amended: 2-23-76; 4-11-77; 8-23-78; 5-23-79; 1-19-88; 3-16-90; 4-25-90 . . . explanation of the procedures to be followed, and identify the proposal to be considered. Members of the audience who wish to speak are encouraged to register. Any petitions and data shall be presented and marked as an exhibit. (b) Spokesman for proponents in audience given opportunity to speak in favor of application. Information submitted should be factual, relevant and not merely duplication of previous presentation. A reasonable time (10 minutes) shall be allowed the spokesman; others shall be limited to short supporting remarks (5 minutes). Each person speaking shall give name, address, and nature of interest in the matter. The Chairman may allow additional public testimony if the issue warrants it. (c) Spokesman for opponents in audience given opportunity to speak against application. Information submitted should be factual, relevant and not merely duplication of previous presentation. A reasonable time (10 minutes) shall be allowed the spokesman; others shall be limited to short supporting remarks (5 minutes). Each person speaking shall give name, address, and nature of interest in the matter. The Chairman may allow additional public testimony if the issue warrants it. (d) other interested parties allowed to comment briefly (5 minutes) or make inquiries. Planning Staff presents technical analysis, reviews planning considerations and basic policy, cites possible alternatives, and makes recommendations, if any. The Chairman may allow additional public testimony if the issue warrants it. (e) Brief rebuttal (5 minutes) for proponents and opponents heard separately and consecutively, with presentation limited to their spokesman. Rebuttal shall be limited to factual statements pertaining to previous testimony. The Chairman may allow additional public testimony if the issue warrants it. (f) Public hearing closed. Commissioners voice other signifi- cant considerations, pose any relevant questions through the Chairman. Chairman questions proper parties for answers. (g) Motion for disposition. Section 9. Quorum Four members of the Planning Commission, not less than four of whom shall be appointed members, shall constitute a quorum for the transaction of business and the taking of official action. -6- As amended: 2-23-76; 4-11-77; 8-23-78; 5-23-79; 1-19-88; 3-16-90; 4-25-90 .--"".. e- ~. .0 . Section 10. Motions Motions shall be restated by the Chairman before a vote is taken. The name of the members making and seconding a motion shall be recorded in the minutes of the meeting. Section 11. Votinq Any action taken by a majority of those present, when those present constitute a quorum, at any regular, recessed or special meeting of the Planning Commission shall be deemed and taken as the action of the Commission; except that any proposed change of the Zoning Map must be approved by a majority of the total membership of the Planning Commission. Voting on amendments to the Zoning Ordinance and Map, all matters requiring a public hearing before the planning Commission, and all matters referred to the Planning Commission by the City Council shall be by roll call vote and the vote of each member shall be recorded in the minutes of the meeting. Section 12. Staff Reports On all matters considered by the Planning Commission, the report and recommendations, if any, of the Planning staff shall be presented to the Commission and shall be recorded in the minutes of the meeting. Section 13. Conflict of Interest Any member of the Planning Commission who has an interest in any matter before the Commission that would or could tend to prejudice his actions thereon, shall so publicly indicate this fact and shall abstain from voting or participating in any way in the Commission's action on that matter. section 14. Attendance A. Attendance at regular meetings and executive sessions is expected of all commission members. B. Any members anticipating absence from an official meeting or executive session shall notify the Chairman or Executive Secretary in advance. c. Any absence may be excused by the Commission, even for an extended period, provided the absence is approved in advance. -7- As amended: 2-23.76; 4-11-77; 8-23-78; 5-23-79; 1-19-88; 3-16-90; 4-25.90 . . . Section 15. Parliamentary Procedure Parliamentary procedure in Planning Commission meetings shall be governed by Roberts Rules of Order, Revised, unless it is specifically provided otherwise in these By-Laws, in other Planning Commission resolutions, in city Ordinances, or in the state of Washington Planning Enabling Act (Chapter 35.63 RCW). section 16. Public Nature of Meetinqs and Records All regular, recessed and special meetings, hearings, records, and accounts shall be open to the public; provided, however, executive sessions may be held by the Commission as provided in RCW 42.30.110. ARTICLE V - COMMITTEES section 1. Establishment of Committees The Planning Commission may establish such standing or special committees as it deems advisable and assign each committee specific duties or functions. Each standing committee shall consist of 3 members. No standing or special committee shall have the power to commit the planning Commission to the endorsement of any plan or program without its submission to the body of the Commission. Section 2. Appointment and Terms of Committee Members The Chairman of the planning Commission shall appoint the members of each standing or special committee and shall name the chairman of each committee. The members of each standing committee shall be appointed at the first regular meeting in July for a term of one year. Special committees may be appointed at such times and for such purposes and terms as the Planning Commission approves. Section 3. Committee Vacancies Vacancies on committees shall be filled immediately by the Chair- man of the Planning Commission for the unexpired portion of the term. Section 4. Meetings of Committees The committees shall meet at the call of the committee chairman, provided that the Chairman of the Planning Commission shall also have the authority to call a special meeting of any committee at any time and upon such notice as he may specify. -8- As amended: 2-23-76; 4-11-77; 8-23-78; 5-23-79; 1-19-88; 3-16-90; 4-25-90 ..... . .~. , . The Planning staff shall issue notice of committee meetings at the request of a committee chairman or the Planning Commission Chairman. Section 5. Quorum and Voting Majority of the members appointed shall constitute a quorum of all committees. The affirmative vote of a majority of the committee membership shall be required for the adoption of a matter before the committee. ARTICLE VI - AMENDMENTS Section 1. Amendments These By-Laws may be amended at any regular meeting by the affirmative vote of five members of the Planning commission; provided that the proposed amendments have been submitted in writing at a previous meeting. PLAN.I(II) .9. As amended: 2-23-76; 4.11-77; 8.23-78; 5-23.79; 1-19.88; 3-16-90; 4-25-90 ~~ ~ ~ . 42.28.070 .. .i.'... T. ~~ .1. -~. Title 42: Public Officers and Agencies custody of the original record, shall be competent evi- . ~,"1ce to prove the facts therein stated, but the same '.. .)> be contradicted by other competent evidence. [1975 .~. ex,.s. c 85 ! 3; 1890 p 474 ~ 6; RRS ~ 9905. Prior: Code 1881 ~ 2620; 1877 P 254 i 7; 1873 P 469 i 8.] Protests of bi11s of uchange: RCW 62A.3-50I, 62A.3-502, 62A.3- 509, 62A.J-51I. 42.28.090 Fees of notary--Collection of fees by public officers. Notaries public may make but not exceed the following charges for their services: Protest of a bill of exchange or promissory note, one dollar; Attesting any instrument of writing with or without seal or stamp, one dollar; Taking acknowledgment, two persons, with seal or stamp, one dollar; Taking acknowledgment, each person over two, fifty cents; Certifying affidavit, with or without seal or stamp, one dollar; Registering protest of bill of exchange or promissory note for nonacceptance or nonpayment, fifty cents; Being present at demand, tender, or deposit, and not- ing the same, besides mileage at the rate of ten cents per mile, fifty cents; Noting a bill of exchange Or promissory note, for non- acceptance or nonpayment, fifty cents: .. -~ ,"::'or. copying any instrument or record, per folio, }.jes certificate and seal or stamp, fifteen cents. <A.1l public officers who are paid a salary in lieu of fees shall collect the prescribed fees for the use of the state ar county as the case may be. [1975 1st ex.s. c 85 ~ 4;. 195] c 51 fi 7; 1907 c 56 i 1, part; RRS ~ 9907. Prior: (i) 1903 c 151 ~ I: 1893 c 130 fi I; Code ]881 fi 2086; 1869 P 371 fi 6; 1863 p 396; 1861 p 39; ]854 P 373. (ii) 1890 P 475 fi 8; Code 1881 fi 2622; 1877 p 254 fi 9; 1873 P 469 ~ 10; 1869 P 375 fi 2: 1863 p 501 i 2.J Daily remit/ance of moneys to state treasurer required: RCW 43.01.050. Disposition of f=s: RCW 42.16.030. Payment of fus to county treasurer: RCW 36.18.140. 42.28.100 Certification of appointment. After the delivery of a commission to a notary public, appointed and qualified as heretofore provided, the secretary of state shall make a certificate of such appointment, with the date of said commission, and file the same in the office of the county clerk of the county where such notary resides, who shall file and preserve the same, and it shall be deemed sufficient evidence to enable such derk to certify that the person so commissioned is a notary public during the time such commission is in force. [1890 p 475 S 9; Code 1881 fi 2623: ]877 p 255 i 10: RRS S 9908.] .-~~ 28.110 Certificates of official character. The . . ./.ty c1~rk of the county in which such notary resides. or the 9Ccrclary of state, may grant certificates of official ch:ara~ter of notaries public. The certificate of the clerk shall be under his hand and official seal. and that of the ITllIe 4Z--p 44J secretary of state, unCfer the seal of the state. [1943 c 97 fi 1; 1890 P 476 i 10: RRS i 9909.] 42.28.120 Commissioners of deeds. The governor may appoint in each of the United States and the terri~ tories thereof, one Or more commissioners, under the seal of this state, to continue in office for the term of four years, who shall have power to administer oaths, and to take depositions and affidavits, to be used in this state, and also to' take the acknowledgment of any deed or other instrument to, be used or recorded in the state. [1890 p 9]" fi 1; 1890 P 90 i I; RRS ~ 9910. Prior: Code 1881 fi 2626; 1877 P 257 fi 1: 1872 p 447 i I: 1871 p 91 i 1; 1863 p 500 fi I; 1854 P 448 fi I.] ... '.,;} ;. Acknowledgments: Chapter 64.08 RCW. Oaths and affirmations: Chapter 5.28 RCW. Persons before whom depositions may be taken: Ci,il rules (or superior comt-CR 28. -- 42.28.130 Oath, seal, fee. Before any commissioner appointed as aforesaid shalJ proceed to perform any of the duties of his office he shall take and subscribe an oath before any clerk of a court of record, or other offi- cer having an official seal authorized to administer oaths in the state or territory for which such commissioner. is appointed, that he will faithfully discharge all duties of his office, a certificate of which shall be filed in the office of the secretary of state. and shall provide and keep an official seal, upon which must be engraved his name and the words "Commissioner of Deeds for the State of Washington", and the name of the state or territory for which he is commissioned, with the date at which his commission expires, and shall pay into the state treasury the sum of five dollars for the special state library fund [state general fund). [1890 P 90 i 2; RRS i 991 I. Prior: 1877 p 257 ~ 2; 1872 P 477 S 2; 1871 P 91 i 2; ]863 P ..500 i 2: 1854 p 448 i 2.J Rtmer'5 note: Since the enactmenl of 1907 c g I 1 (RCW 43.79- .0]0) the fee herein specified to be paid into the special Slate library fund has been paid inlo the stale general fund. Sections 42.30.010 42.30.020 42.30.030 42.30.040 42.30.050 42.30.060 42.30.070 42.30.080 42.30.090 42.30.100 42.3{).11O 42.30.t20 42.30.130 42.30.140 42.30.900 42.30.910 42.30.920 \. Chapter 42.30 OPEN PUBLIC MEETINGS ACf Legislative declaration. Definitions. Meetings dedared open and public. Conditions to attendAnce not to be required. I nterruptions-Procedu reo Ordinances, rules, resolUlions, regulations, etc.. to be adopted al public meetings-Notice. TimM and places for meetings--Emergencies- EJlccption. S~ial meetings. Adjournments. Conlinua nces. EJll:Cutive sessions. Violalions-Personal Iiabilily-Penalty. Violalions-Mandamus or injunction. Chapter conlrolling-Applicalion. Short title. Construclion-197 I cu. c 250. Severability-1971 eu. c 250. " ~ l Open Public Meetings Act 42.30.080 J2.30.010 Legislative declaration. The legislature .~ .'nddeclares that all public commissions, boards, :l;is. committees, subcommittees. departments. divi~ . sions, offices. and all other public agencies of this state and subdivisions thereof exist to aid in the conduct of the people's business. It is the intent of this chapter that their actions be taken openly and that their deliberations be conducted op~nly. The people of this state do not yield their sovereignty to the agencies which serve them. The people. in dele- gating authority, do not give their public servants the right to decide what is good for the people to know and y..hat is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created. [1971 ex.s. c 250 i I.] Rtdser's nole: Throughout this chapter. the phrases "this aCI" and 'this 1971 amendatory act" have been changed to 'this chapter'. 'This act" (1971 eu. C 250) consists of this chapter, the amendment to RCW 34.04.025 and to the repeal of RCW 42.32.010 and 42.32.020. 42.30.020 Definitions. As used in this chapter unless the context indicates otherwise: (I) 'Public agency' means: (a) Any state board, commission, committee, depart- ment, educational institution Or other state agency which is created by or pursuant to statute, other than courts 1 and the legislature. , .~. 'l;\.~) Any county, city, school district, special purpose : . Ft-:ct or other municipal corporation or political sub- '.. division of the state of Washington; (c) Any subagency of a public agency which is created by or pursuant to statute, ordinance or other legislative act, including but not limited to planning commissions. library or park boards, and other boards, commissions and agencies. (2) "Governing body' means the multimember board, commission, committee. councilor other policy or rule- making body of a public agency. (3) "Action' means the transaction of the official business of a public agency by a governing body includ- ing but not limited to a collective decision made by a majority of the members of a governing body. a collec- tive commitment or promise by a majority of the mem- bers of a governing body to make a positive or negative decision, or an actual vote by a majority of the members of a governing body when sitting as a body or entity, upon a motion, proposal. resolution, order, or ordinance. (4) "Meeting" means meetings at which action is taken. [1971 ex.s. c 250 ~ 2.] f. I l: i J J f 42.30.030 Meetings declared open and public. All i meetings of the governing body of a public agency shall ; be open and public and all persons shall be permitted to ~ attend any meeting of the governing body of a public J...--l .a~g:ency. except as otherwise provided in this chapter. r_1Q71 ex.s. c 250 S 3.] j --) ~2.30.040 Conditions to attendance not to be 1 required. A member of the public shall not be required, i as a condition to attendance at a meeting of a governing I body. 10 register his name and nther ;nformal;on. tn i complete a questionnaire, or otherwise to fulfill any con- dition precedent to his attendance. [1971 ex.S. c 250 i 4.] 42.30.050 Interruptions--Procedure. In the event that any meeting is interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored bY the removal of individuals who are inlerrupting the meeting. the members of the governing body conducting the meeting may order the meeting room cleared and con. tinue in session or may adjourn the meeting and recon- vene at another location selected by majority vote of the members. In such a session, final disposition may be taken only on matters appearing on the agenda. Repre- sentatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the governing body from establishing a procedure for readmitting an individual or individuals not responsible for disturbing the orderly conduct of the meeting. {1971 ex.s. c 250 ~ 5.] 42.30.060 Ordinances, rules, resolutions, regulations. etc., to be adopted at public meetings--Notice. No governing body of a public agency shall adopt any ordi- nance, resolution. rule. regulation, order. or directive. except in a meeting open to the public and then only at a . meeting. the date of which is fixed by law or rule, or at a meeting of which notice has been. given according to the provisions of this chapter. Any action taken at meetings failing to comply with the provisions of this section shall be null and void. [1971 ex.s. c 250 ~ 6.] 42.30.070 Times and places for meetings--Emer- genties--Exception. The governing body of a. public agency shall provide the time for holding regular meet. ings by ordinance. resolution, bylaws. or by whatever other rule is required for the conduct of business by that body. Unless otherwise provided for in the act under which the public agency was formed. meetings of the governing body need not be held within the boundaries of the territory over which the public agency exercises jurisdiction. If at any time any regular meeting falls on a holiday, such regular meeting shall be held on the next business day. H by reason of fire. flood, earthquake, or other emergency. it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place as is designated by the pre- siding officer of the governing body: Provided, That the notice requirements of this chapter shall be suspended during such emergency. It shall not be a violation of the requirements of this chapter for a majority of the memo bers of a governing body to travel together or gather for purposes other than a regular meeting or a special meeting as these terms are used in Ihis chapter: Pro- vided. That they take no action as defined in this chap- ter. {1973 c 66 ~ 1; 1971 elCS. c 250 ~ 7.1 42.30.080 Special meetings. A special meeting may be called at any time by the presiding officer of the gov- erning body or a public agency or by a majority of the (Title 42--p 451 I r .! I i ~ j ;1, l' , .1 ;ll;! .\ J '1' :1 .~ , 11 f\ ~ i , :1 'I : ~ II :: .1 ~ : 1] :11.1.) 1 . ~ . ~ :; 11.111"' :ijlr::i : I .,li.;ll ", ~ : 'f : il ' 'it I~ . ; , 'II ill i" ' ;1 II';: I ~ 1 1 ' ~ _ : r H ~1 ::;' J' , '( ]ill: I,' . W:I:.. HI 1'!~1i-: ., II 'llll )\1;:: Il!11111(: '11'11: . "I':,j 11\1.111\11::: 11<1 'II!'" lrlili,!:.:l JI~ IlL ,." ll' I,d. ~l . " I '1111., I"'il' : ''If;I!.: I Ill" l'lll( , , I! ,I.. II lipl . t. 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'.r ,.,' ;; ii'f;;'r, . f:l~t~~-.. : ,~<~h; ~. 42.30.080 J .. ~ Title 42: Public Officers and Agencies ~. members of the governing body by delivering personally Qt by mail written notice to each member of the govern- --:~'~g body; and to each local newspaper of general circu- .~.e;ition and to each local radio or television station which . has on file with the governing body a written request to be notified of such special meeting or of all special meetings. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. Final disposition shall not be taken on any other matter at such meetings by the governing body. Such written notice may be dis- pensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secre- tary of the governing body a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it con- venes. The notices provided in this section may be dis- pensed with in the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage. [1971 ex.s. c 250 f 8.) 42.30.090 Adjournments. The governing body of a public agency may adjourn any regular, adjourned regu- .diJ.r, specia~ or ~djourned special .meeting to a time and ." ...Iace speCified In the order of adjournment. Less than a quorum may so adjourn from time to time. If all mem- bers are absent from any regular or adjourned regular meeting the clerk or secretary of the governing body may declare the meeting adjourned to a stated time and place. He shall cause a written notice of the adjourn- ment to be given in the same manner as provided in RCW 42.30.080 for special meetings, unless such notice is waived as provided for special meetings. Whenever any meeting is adjourned a copy of the order or notice of adjournment shall be conspicuously posted immediately after the time of the adjournment on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held. When a regular or adjourned regular meeting is adjourned as provided in . this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings by ordi- nance, resolution, bylaw, or other rule. [1971 ex.s. c 250 S 9.} 42.30.100 Continuances. Any hearing being held. noticed, or ordered to be held by a governing body at a--LY meeting may by order or notice of continuance be ~_.l'1tinued or recontinucd to any subsequent meeting of " ~. (he governing body in the same manner and to the same extent set forth in RCW 42.30.090 for the adjournment of meetings. [1971 ex.s. c 250 S IO.} (Title 41--p 461 42.30.110 Executive sessions. Nothing contained in this chapter shall be construed to prevent a governing body from holding executive sessions during a regular or special meeting to consider matters affecting national security; the selection of a site or the acquisition of real estate by lease or purchase, when publicity regarding such consideration would cause a likelihood of increased price; the appointment, employment. or dismissal of a public officer or employee; or to hear complaints or charges brought against such officer or employee by another public officer, person, or employee unless such officer or employee requests a public hearing. The gov- erning body also may exclude from any such public meeting or executive session. during the examination of a witness on any such matter, any or all other witnesses in the matter being investigated by the governing body. [1973 c 66 f 2; 1971 ex.s. c 250 f I I.] ~ f i 42.30.120 VioJations--Personal liability--Pen. alty. Each member of the governing body who attends a meeting of such governing body where action is taken in violation of any provision of this chapter applicable to him, with knowledge of the fact that the meeting is in violation thereof, shall be subject to personal liability in the form of a civil penalty in the amount of one hundred dollars. The civil penalty shall he assessed by a judge of the superior court and an action to enforce this penalty may be brought by any person. A violation of this chap- ter does not constitute a crime and assessment of the civil penalty by a judge shall not give rise to any disa- bility or legal disadvantage based on conviction of a criminal offense. [1973 c 66 f 3; 1971 ex.s. c 250 i 12.] 42.30.130 Violations--Mandamus or injunction. Any person may commence an action either by manda. mus or injunction for the purpose of stopping violations or preventing threatened violations of this chapter by members of a governing body. [1971 ex.s. c 250 f 13.J 42.30.140 Chapter controlling--Application. If any provision of this chapter conflicts with the provisions of any other statute, the provisions of this chapter shall control: Provided, That this chapter shall not apply to: (l) The proceedings concerned with the formal issu- ance of an order granting, suspending, revoking, or denying any license, permit. or certificate to engage in any business, occupation or profession or to any discipli- nary proceedings involving a member of such business, occupation or profession. or to receive a license for a sports activity or to operate any mechanical device or motor vehicle where a license or registration is neces- sary; or (2) That portion of a meeting of a quasi-judicial body which relates to a quasi-judicial matter between named parties as distinguished from a maUer having general effect on the public or on a class or group: or (3) Matters governed by Title 34 RCW, the adminis" trative procedure act, except as expressly provided in RCW 34.04.025; or (4) That portion of a meeting during which the gov. erning body is planning or adopting the strategy or po~_ tion to be taken by such governing body during the lW - ? Meetings 42.32.030 . course of any collective bargaining, professional negotia- tions. grievance or mediation proceedings, or reviewing '.'\~e proposals made in such negotiations or proceedings _'-<-hile in progress. [1973 c 66 i 4; 1971 ex.s. c 250 fi 14.] 42.30.900 Short title. This chapter may be cited as the .Open Public Meetings Act of 1971". [1971 ex.s. c 250~ 16.] ..u.30.91O Construction--1971 ex.s. c 250. The purposes of this chapter are hereby declared remedial and shall be liberally construed. [1971 eX.s. c 250 i 18.] '42.30.920 Sevel'1lbility--1971 ex.s. c 250. If any provision of this act. or its application to any person or' circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or cir- cumstances is not affected. [1971 ex.s. c 250 fi 19.] t! I, !.L'l - . , ;1 I ! I, I Chapter 42.32 MEETINGS \: II I., I: I' " 1:; Sections 42.32.030 Minutes. Open public mc:etings act: COOptef 42.JO RCW. 42.32.030 Minutes. The minutes of all regular and special meetings except executive sessions of such boards. commissions, agencies or authorities shall be promptly recorded and such records shall be open to .-__ public inspection. [195.3 c 216 i 3.J :_) ReriHr's note: RCW 42.32.010 and 42.32.020 were repealed by . 1971 ex.s. c 250 S 1 S: later enactment see chapter 42.30 RCW. H ~--.' ' . ' ~rca>' ", - - " , ';f ., I ~ rntle 41--p 47J l! ! !II' : i ~ ; ~ ii- , II- I!. - ~i~.1 ~d ~f I' Ii- , Illl II. : " . I~I i l'~l : MI' ~. I 1~;1 : t' ' ;1 l ~(I i II "Ij i! ,I: iliill _I l'l tIt tl ;\! :'1 il: ; ~ ,I. i:j ~\111 "I, I,.d I ,:fll ~ ~.; ~ --