Ask MRSC - Public Meetings & OPMA

In general, unless a statute requires proof of publication, it is a matter of local policy how this information is tracked/obtained. When a state statute requires that the city or town obtain an affidavit of publication, then you need to get the official affidavit from the newspaper pursuant to RCW 65.16.030.

That statute defines “proof of publication” to be “the affidavit of the printer, publisher, foreman, principal clerk or business manager of the newspaper which published such notice.” The only statutes we are aware of that require an “affidavit” of publication on file are:

• RCW 35.68.050 (sidewalks): “Proof of mailing and publication shall be made by affidavit and shall be filed with the city clerk […]”
• RCW 35.73.030 (changing street grade): “Proof of publication by affidavit shall be filed as part of the record of proceedings.”

Otherwise, RCW 65.16.030 (regarding affidavits of publication) does not require a city or town to have such affidavits routinely on file. Instead, a city or town can choose to request an affidavit of publication from the newspaper when necessary.

There are some situations when a city or town should obtain affidavits of publication, even if they are not legally required. For example, during the formation of a local improvement district, bond counsel will want to have copies of the affidavits of publication in their file so they can verify that all of the required steps were followed. Likewise, any time that the city or town wants to be able to demonstrate that the proper notice procedures were followed for a particular action.

We recommend that you discuss this issue with your agency’s attorney as well.

HB 1105, codified at RCW 42.30.250, became effective on June 6, 2024, and provides:

(1) A public agency that is required by state law to solicit public comment for a statutorily specified period of time, and is required by state law to provide notice that it is soliciting public comment, must specify the first and last date and time by which written public comment may be submitted.

(2) An agency that provides a notice that violates this section is subject to the same fines under the same procedures as other violations of this chapter are subject to under RCW 42.30.120.

Our understanding is that the new law only applies in those situations where state law requires an agency to solicit comment for a specified period of time (e.g., 14 or 30 days). It would not apply to situations where state law requires public comment but doesn’t provide a timeframe for those comments. For example, it would not apply to general public comment at council or board meetings as required by RCW 42.30.240 (“…a public agency shall provide an opportunity at or before every regular meeting at which final action is taken for public comment.”). Likewise, it would not apply to a statute like RCW 35A.14.472 (addressing interlocal agreements between a city and county for annexing unincorporated territory in the UGA), which requires a public comment opportunity but doesn’t include a statutorily specified period of time. We also don’t think that the law applies where the local code specifies a time period for notice, but state law does not. The local government could but would not be required to provide the beginning and end date of public comment in its notice.

Here is an Association of Washington Cities (AWC) piece that describes the new law. That article states, in part:

The one bill of note that passed was HB 1105, regarding posting of public comment periods, initially introduced in 2023. The original version of the bill created concerns, but AWC worked with the sponsor to narrowly tailor the bill to get the intended effect without negative unintended consequences. As it passed, the bill requires a city or other agency to post the specific calendar dates for a public comment period when the amount of time is identified in statute. For example, if there is a statutory requirement to have public comment open for 30 days on a land use issue, then the notice would require the exact calendar date (e.g., April 30) when the public comment period ends, so the public is less likely to misunderstand when their window closes.

Finally, this new requirement applies to any governing body, committee, or subagency that is subject to the Open Public Meetings Act (OPMA), as the bill amends Chapter 42.30 RCW.

Yes, the councilmember acting as mayor pro tem continues to count toward a quorum and retains all the powers/privileges of their position on the council—including the ability to vote and accept/reject motions. They are temporarily the presiding officer rather than the elected mayor during the mayor’s absence—but they still retain their council authority. See RCW 35.27.280. The mayor pro tem will also have all the powers of the mayor in the mayor’s absence. See RCW 35.27.160.

MRSC’s position is that members of a governing body can vote to approve minutes even if they did not attend the meeting for which they are approving minutes. There is no law that prohibits members from voting to approve minutes for a meeting they did not attend.

While it may seem irregular for members to vote on something of which they have no knowledge, we think, as a practical matter, that members who did not attend the meeting would defer to those who did and vote along with them (whether to approve or to amend the minutes). Of course, if members do not feel comfortable voting to approve minutes for a meeting they did not attend, then those members may certainly abstain from voting.

Robert’s Rules of Order (Section 41, page 355) recognizes the right of absent members to vote on minutes: “It should be noted that a member’s absence from the meeting for which minutes are being approved does not prevent the member from participating in their correction or approval.”

We don’t think it would meet the statutory requirements for a special meeting notice to simply include a QR code that links to the business to be transacted. Certainly, a QR code could be included on the notice that links to the agenda and additional information, but the notice itself would need to include all the required information set forth for the special meeting notice at RCW 42.30.080. Specifically, the notice “shall specify the time and place of the special meeting and the business to be transacted.”

The “business to be transacted” does not necessarily need to be a full agenda but should identify the general business intended to be addressed at the meeting. And no final disposition may be taken on any matter not identified on the notice.

Keep in mind that not everyone has smart phones or the technological understanding of QR codes to utilize them. So, excluding required information from the posted notice could result in a lack of access for some.

Here is a blog post that may be helpful: Special Meetings: Answering Some Frequently Asked Questions (2024).

How an agency receives and maintains records received at a public meeting will be largely a matter of local policy. However, here is some guidance to consider.

From a records retention perspective, an agency only needs to keep one “record” copy of the documents for retention purposes. While the meeting minutes should reflect that records were received, copies of the records do not need to be attached to the official minutes. Since many agencies post their minutes online, not automatically including attachments keeps the minutes smaller and gives the agency the option to not “re-publish” material that may or may not be relevant to agency business just because someone handed it out.

Further, if an agency chooses to include them as part of the minutes, the retention requirements applicable to minutes would apply. If not attached to the minutes, then the agency would look to the individual record to determine the applicable retention period.

MRSC generally takes the position that proxy and absentee voting is not allowed under Washington law for local governments and special purpose districts. The definition of action in the OPMA in RCW 42.30.020(3) includes the term “actual vote.” Casting a vote prior to an open public meeting would constitute action outside an open public meeting. Note, however, that if a member attends a meeting remotely, we count this the same as if they were physically present for purposes of quorum and voting. The OPMA was amended in 2022 to confirm that a member of a governing body may attend a meeting remotely. See RCW 42.30.230(5).

We are not aware of any court decisions that have addressed the issue of proxy voting in the context of local governments or special purpose districts. Absentee voting is addressed in AGO 51-53 No. 283 in the context of a school district board member. There, the attorney general concluded:

We are therefore of the opinion that a member of the board of directors of a first class school district must be personally present in order to participate in the proceedings of a meeting of such a board, and that the written statement transmitted by the absent member to the meeting of the Richland School Board held March 24, 1952, was ineffective for any purpose in connection with the action of the board taken at that meeting.

Ultimately, the legal staff at MRSC doesn’t think a member of a legislative body can “attend” a meeting by proxy and cannot count towards establishing a quorum by proxy. In addition, we are not aware of any legal authority for an official to exercise a proxy vote on behalf of another official, even if the body had previously adopted a rule allowing proxy voting. It appears that where proxy voting is deemed permissible, such as in corporate settings, it is specifically authorized in state law and established in that corporation’s bylaws. We have indicated that there is no express or implied authorization in state law for proxy or absentee voting by members of a local governing body.

Also, Robert’s Rules of Order strongly disfavors absentee and proxy voting: “proxy voting is incompatible with the essential characteristics of a deliberative assembly in which membership is individual, personal, and nontransferable” (RR 45:70). “It is a fundamental principle of parliamentary law that the right to vote is limited to the members of an organization who are actually present at the time the vote is taken in a regular or properly called meeting” (RR 45:56).

There is no law that requires the Pledge of Allegiance to be recited at any public meeting. It is a matter of local discretion by the council. If a council has already adopted rules regarding the reciting of the Pledge, those should be followed. If not, the council could adopt rules regarding the Pledge.

Keep in mind that there is an older Washington case on religion, Bolling v. Superior Court (1943), which involved a case in which Jehovah’s Witnesses protested a requirement that children recite the Pledge of Allegiance. The court held that it was unconstitutional to require the children to recite the Pledge at school. However, the court did not invalidate having the Pledge of Allegiance recited at public events, but merely indicated that no individual is required to recite it. Likewise, at a council meeting there should be no requirement that everyone recite the Pledge or other invocation.

You may find examples of Pledge of Allegiance policies within various Council/Board of Commissioners Rules of Procedure (see several examples on this page). For additional information on the legal landscape related to prayers/invocations as well as the Pledge of Allegiance at public meetings, see also our blog article, Prayer & Pledges—Should You or Shouldn’t You?.

Regarding regular and special meetings of the council, the only requirement under the Open Public Meetings Act (OPMA) is to post a preliminary agenda online at least 24 hours in advance for regular meetings (see RCW 42.30.077) and to provide a meeting notice at least 24 hours in advance for a special meeting that specifies the time and place of the meeting and the business to be transacted (see RCW 42.30.080).

In general (although see caveat below), there is no state law requirement to provide a council packet or materials pertinent to an action to the public prior to the council taking final action. However, there may be local rules about making a council packet available to the public prior to the meeting.

In addition, certain legislative and quasi-judicial actions of the council may require that notice and/or information be made available to the public prior to the action occurring. I do not have an exhaustive list of the actions for which specific notice and/or information must be provided, but some examples include the notice associated with a street vacation (see RCW 35.79.020), notice associated with municipal annexations (see, e.g., RCW 35A.14.130), and State Environmental Policy Act (SEPA) threshold determinations on certain project and non-project actions (see Chapter 43.21C RCW). I recommend consulting with your city attorney if you have questions about any specific action of the council to see what type of notice and information must be made available.

Neither RCW 57.08.005(11) nor RCW 57.08.081, related to the district’s authority to establish rates, require any advance notice or a public hearing for a rate change. There may be locally adopted district rules or policies related to the board’s adoption of new rates—so any district should consult its local rules.

It depends on the policy and whether it is the type of subject matter that is within the council’s jurisdiction or the mayor’s jurisdiction. But most policies should be adopted by the council – like personnel, public records, code enforcement priorities, etc. There may be certain administrative procedures that the council does not need to formally approve, but we defer to your city attorney to give advice on specific policies.

For more, please see our page on Roles and Responsibilities of Local Government Leaders. Most policies can be adopted by the council via resolution, but sometimes the council may decide they want to adopt the policy into the city code. For example, a code enforcement priority policy is often adopted into code.

Regardless of the title given, if the gathering meets the definition of a “meeting” under the Open Public Meetings Act (whether a regular or special meeting), then minutes are required to be taken.

The Open Public Meetings Act (OPMA) at RCW 42.30.035(1) provides:

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.

Minutes need not be more than action minutes, but even simple action minutes indicate when discussion is had on certain topics or which reports were received from staff. For more on action minutes, see our blog post, Less Is More: Action Minutes Save Time, Serve the Agency Best. The blog post provides a list of items that would typically be included in action minutes:

• Name of governing body and meeting location
• Times at which the meeting started and ended
• Which members of the governing body were present, which were absent (and if a quorum of the body was present — suggested but not required)
• Which members of the agency staff were present
• Text of all main motions taken up by the body and their disposition (passed, failed, referred to committee, etc.)
• If amendments were made, final version of motion as amended
• Any Points of Order or Appeals & their resolution

For more on minutes, see MRSC’s Council/Commission Meeting page.

There is no requirement in the OPMA that you read public comments out loud or include them in your minutes. As we note in last year’s blog HB 1329: Answers to Your OPMA Questions, the OPMA only requires that you provide the opportunity for public comment. It does not require that you read public comments out loud.

Also, RCW 42.30.035 only requires the governing body to have minutes. It does not specify what those minutes must contain. MRSC (as well as the Washington Municipal Clerks Association) recommends “action minutes.” These reflect the agenda items, who moved (and seconded) any action, and what that action was. There is no state law requirement to include submitted comments in the minutes. Of course, the board/governing body can choose to require public comment be read into the record—this is a matter of local discretion. The agency does need to retain the comments in accordance with the state retention schedule. And as we note in a recent guest blog from parliamentarian Ann Macfarlane:

Since meeting minutes are subject to disclosure under the PRA, if your agency chooses to include public comment in the minutes, we recommend a summary of the comment period that avoids providing personally identifiable information on individual commenters.

State law does not require that minutes or resolutions be signed. Title 57 RCW (pertaining to water-sewer districts) does not include a signature requirement for minutes or resolutions. The Open Public Meeting Act (OPMA) at RCW 42.30.035 only requires that minutes “shall be promptly recorded and such records shall be open to public inspection.”

Most agencies have a lot of discretion in this regard, including not signing the minutes or resolutions at all. Local rules of procedure will usually designate who, if anyone, should sign minutes or resolutions—it could be the chair, the entire membership of the governing body, or the secretary. The board should follow the local rules re signatures (or waive this requirement, if needed).

Note, there is an informal opinion from our State Attorney General’s Office, AGLO 1972 No. 19, indicating that only after proposed minutes of a meeting have been reviewed by a body and “signed by its officers” in the manner provided for in its procedures do they constitute the “official” record of the previous meeting described therein. Although the AGLO offers this advice, it doesn’t support the advice with any legal authority. Thus, our office has taken the position that the chair’s signature or the board’s signature isn’t statutorily required in minutes.

Yes. Nothing in the Open Public Meetings Act prohibits having more than one public hearing during the same meeting. Make sure you’ve complied with the notice and publication requirements for both of the hearings based on the statute that requires those hearings. (A non-exhaustive list of statutory requirements for public hearings is in Appendix C of our Local Ordinances for Washington Cities and Counties publication). Also consider a script for your presiding officer that clearly has them open and close (or continue/keep the record open for) each of the public hearings.

The statutes governing public hospital districts are silent as to frequency or number of meetings. Instead, the board of commissioners establishes its own schedule for meetings.

RCW 70.44.050 provides, in relevant part:

The commission shall organize by election of its own members of a president and secretary, shall by resolution adopt rules governing the transaction of its business and shall adopt an official seal. All proceedings of the commission shall be by motion or resolution recorded in a book or books kept for such purpose, which shall be public records.

And the Open Public Meetings Act (OPMA), applicable to all governing bodies of public agencies in the state, includes the following regarding regular meetings in RCW 42.30.070

The governing body of a public agency shall provide the time for holding regular meetings by ordinance, resolution, bylaws, or by whatever other rule is required for the conduct of business by that body.

Likewise, the AWPHD Legal Manual does not reference any requirements related to meeting frequency or timing. For a discussion on this, see Meetings and Agendas of PHD commissioners (p. 19/p. 30 of the PDF).

Therefore, one should look at adopted rules or bylaws for the particular public hospital district. Those rules will dictate the PHD Board of Commissioner’s meeting schedule.

The Open Public Meetings Act (OPMA) specifically addresses notices of special meetings but makes no mention of agendas for special meetings. For special meetings, a notice must be posted at least 24 hours in advance of the meeting and must “specify the time and place of the special meeting and the business to be transacted.” Final action may only be taken on items listed in the notice. See RCW 42.30.080.

There is a relatively new requirement in the OPMA that agendas of regular meetings be available online 24 hours in advance, however there is not a similar requirement for special meetings. But even for regular meetings, the statute allows those posted agendas to be subsequently amended. See RCW 42.30.077.

While a governing body is limited to taking final action only on items listed in the special meeting notice, it can certainly take up other items for discussion as reflected in an amended agenda, since this is merely “action”. However, we recommend this be done infrequently in light of the intent of the OPMA.

Additionally, note that in a 2023 Washington Supreme Court decision, In the Matter of the Recall of Bird, the court found (in the context of sufficiency of a recall petition) that the notice for the special meeting did not adequately describe the action to be taken at the meeting and therefore, the vote on a motion at that meeting violated the OPMA.

For additional information on special meetings, see our 2013 blog post: What Can You Do at a Special Meeting?

Washington law requires local governments (including special districts) to prepare meeting minutes, but it does not address who signs them. RCW 42.30.035 simply provides:

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.

Therefore, local governments may establish their own procedures for approval of the minutes. It is very common for minutes to be signed by the presiding officer. And technically, the minutes do not need to be signed at all if it can be shown that the minutes were approved by the Board in open session. So, there is a lot of flexibility for local governments with respect to who signs the minutes. Having the minutes signed by all members present at the time of approval is one of several options.

MRSC’s position is that state law does not require written submittals to be included in the meeting minutes. RCW 42.30.035 requires minutes to be kept and made available to the public. RCW 35A.12.110 (for code cities) also requires that a “journal of all proceedings shall be kept, which shall be a public record.” Neither of these statutes require minutes to be kept in any specific form.

MRSC shares the general opinion of the Washington Municipal Clerk’s Association and noted parliamentarian Ann Macfarlane that “action minutes” is the better practice. For a more detailed explanation, see her blog post Less Is More: Action Minutes Serve the City Best.

This does not mean the city just throws away the documents. Items submitted as written testimony (such as what you describe) are required to be kept for six years after the end of the calendar year in which they were submitted, then transferred to the Washington State archives for permanent retention. See the Local Government Retention Schedule (p. 40).

We defer to your city attorney to advise you on the city’s specific practices.

There is not a specific requirement for how quickly a governing body should make recordings of public meetings available to the public. There is also no requirement to make recordings of public meetings. However, pursuant to recent changes to the Open Public Meetings Act (OPMA), recordings are now “encouraged,” and agencies are also encouraged to make meeting recordings available online. RCW 42.30.220 now provides:

(1) Public agencies are encouraged to make an audio or video recording of, or to provide an online streaming option for, all regular meetings of its governing body, and to make recordings of these meetings available online for a minimum of six months.

(2) This section does not alter a local government's recordkeeping requirements under chapter 42.56 RCW.

This new RCW, effective June 9, 2022, does not indicate how soon an agency should make recordings available online, but includes the guideline for posting them “a minimum of six months.” The statute clarifies that the Public Records Act (PRA) still applies. Further, records retention schedules should be reviewed before any recordings are discarded.

Your agency could adopt a policy with guidelines about when to post meeting recordings, taking into account the resources involved in doing so. A reasonable time may differ depending on the agency in question. If your agency has decided to make audio and/or video recordings of your meetings, then you might want to look at the requirement for meeting minutes to be “promptly recorded.” There is not a specific definition of “promptly.” RCW 42.30.035 provides:

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.

For more information about the 2022 changes to the OPMA, here are links to recent MRSC blogs: The OPMA Gets an Update from the Legislature and HB 1329: Answers to Your OPMA Questions.

Yes, a 3-2 vote would be sufficient for appointment. RCW 42.12.070(1) provides that:

Where one position is vacant, the remaining members of the governing body shall appoint a qualified person to fill the vacant position.

The number of votes required for a measure to pass depends on the type of matter on which the council is voting. For example, RCW 35A.12.120 (which applies to mayor-council as well as council-manager code cities under RCW 35A.13.170) requires a vote of the majority of the entire council for the “passage of any ordinance, grant or revocation of franchise or license, and any resolution for the payment of money.” So for those matters you count all seats to determine a majority regardless of whether they are filled or not. MRSC has previously advised that unless it is an action under RCW 35A.12.120, only a majority of members present is required under state law.

We think the same is true with the filling of a vacancy. A majority of those present at the meeting would decide the next appointment, as long as there is a quorum for the meeting. So a 3-2 vote would be sufficient.