Loading...
HomeMy WebLinkAboutPlanning 2026-04-23 Item 8.1 - Procedures TrainingPlanning Commission Protocols: Role of the PC, Open Public Meetings, & Public Records Nick Morton, Assistant City Attorney GEDEN MUR\PHY Tukwila Planning Commission WALLACE ATTORNEYS Presentation Overview: • Role of the Tukwila Planning Commission • Tukwila Municipal Code (TMC) Chapter 2.36 • Planning Commission Bylaws • Open Public Meetings Act (OPMA) Requirements • Chapter 42.30 RCW • Public Records Act (PRA) Requirements/Retention • Chapter 42.56 RCW 2 Planning Commission - TMC Chapter 2.36 • Pursuant to the authority conferred by RCW 35A.63, the Tukwila Planning Commission ("Commission") is hereby established to serve in an advisory capacity to the Mayor and City Council on matters relating to land use, comprehensive planning and zoning. - TMC §2.36.010 • The City Council delegates the Planning Commission's workload either through: • Outlining their responsibilities in the Zoning Code or • Asking for a recommendation on a special topic ONW 3 Bylaws - Planning Commission Objectives 1. To influence in a positive manner the major planning efforts and projects that will affect the city. 2. To advocate consistency and integration among plans which provide a future image and direction for the city as well as the means for meeting more immediate needs. 3. To ensure that effective citizen participation, including opportunities for timely public involvement, are part of the City's planning processes. 4. To represent a whole -city viewpoint when evaluating proposed plans, projects and issues. 5. To make recommendations which recognize the City's needs and government's constraints as well as identified citizen viewpoints. O NW 4 Bylaws -Legislative Public Hearings Article V, Section 1: Meetings "The purpose of legislative public hearings is to obtain public input on matters of policy. Such hearings do not involve the legal rights of specific, private parties in a contested setting but rather affect a wider range of citizens or perhaps the entire city. If challenged, the decision reached at a legislative public hearing is only reviewed to determine if it is constitutional or violates state law." "The Commission may devote part or all of a meeting to an informational work session during which no comments from the public will be permitted, unless the Chairperson or a majority, on a case -by -case basis, decides otherwise." O NW 5 Bylaws - Legislative Hearing Procedures All legislative hearings held by the Commission shall use the following procedures: 1. Chair — state the purpose of the legislative hearing and the action the Commission may take. 2. Staff — present the staff report and take questions from the Commission. 3. Chair — open the public hearing and receive public comment. 4. Chair — close the public hearing once all public comment is received. 5. Commission — make a motion on the topic at issue. 6. Commission — deliberate. 7. Chair — call for a vote on the motion. NOTE — Commission Decisions and recommendations must be consistent with the Comprehensive Plan and development regulations. 6 Bylaws -Voting Voting on all matters is by simple majority (except bylaw amendments): • The Chair has one vote — same as all other Commissioners • For matters considered to be of extreme importance, the Chair may call for a roll call vote • No matter may be voted upon unless: a. All required notice procedures for that vote have been followed; and b. The matter has been discussed at a previous meeting of the Commission, or c. The matter has been placed on the agenda prior to the meeting by the Secretary; or d. A new legislative item, not on the agenda, and considered by a 2/ 3 vote of the Commission to constitute an extreme emergency and that would thus warrant an immediate decision, may be approved by a 2/ 3 vote, or e. A new procedural item, not on the agenda, may be approved by a simple majority vote. OM 7 Bylaws - Receiving Public Comment and Testimony General, Non -Public Hearing Related Comments • Public comment on general, nonpublic hearing related items is provided for during all regular meetings. • Must be written and provided to the Secretary prior to 5:00 pm the day before the Commission meeting. Public Hearing Comment • During the public hearing, both written and oral comment relating to the items being considered by the Commission may be provided. • Written comments must be provided by email, mail, or personal delivery to the Secretary by 5: pm the day before the public hearing. O NW 8 Open Public Meetings Act (OPMA) Chapter 42.30 RCW Legislative Declaration • "The people, in delegating authority, do not give public servants the right to decide what is good for the people to know and what is not good for them to know." • "The people insist on remaining informed so they may retain control over the instruments they have created." Rules • Meetings declared open and public. • All Meetings of the Governing Body Shall be Open and Public — Gavel to Gavel • All Persons Shall be Permitted to Attend any Meeting of the Governing Body, Except as Otherwise Provided by Law • The Purpose of the OPMA is to Allow the Public to View the "Decision -making Process" Open Meetings Important Definitions: • Meetings — All meetings under State Statute are considered Regular Meetings if codified at a regular date, place, and time. Any other meeting is considered a Special Meeting. Meetings are considered to occur when a quorum of the Membership takes "Action." • Action — Means the Transaction of Official Business • Public Testimony; All Deliberations; Discussions; Considerations; Reviews; Evaluations • Final Actions — the OPMA is in Effect Whether or Not "Final" Action is Taken OM 10 • Regular Business Meetings • Study sessions, workshops, retreats, etc. • Special Meetings • Executive Sessions • Attendance at Others' Meetings • Attendance at Social Events • Serial Meetings OM Types of Meetings 13 11 Serial Meetings • Serial meetings, or rolling meetings, occur when a quorum of councilmembers take "action" (which includes discussion) on city business. • These would be covered by the OPMA. • This can happen with emails, text messages, phone calls, in - person meetings, etc. • A quorum of members does not need to be on the same email chain or phone call — successive discussions creating a "tree" would be inappropriate. • The only way it is permissible is if one member emails the other members for the purpose of providing relevant information and those other members merely "passively receive" the information and no discussion follows either directly in response or in other communication line 12 Open Meetings Use of Social Media • When conducting city business using social media, use disclaimers (or link) • Clearly distinguish your personal view from official City / entire Commission position on a topic • Avoid a quorum of the Commission discussing city business using the same social media platform or post 15 13 Public Comment • Public Meetings v. Public Hearings • Public Meetings: public comment only taken at or before regular meeting which final action is taken or is otherwise required by state law • Public Hearings: public comment taken before a significant decision is made in order to provide due process or when a specific statute or regulation requires one. • Purpose: one-way communication for members of public to provide testimony to governing body on the record. 14 Why does this matter? Because there are penalties for noncompliance with the OPMA 1. Personal Liability 2. Public Agency Liability 3. Improper Actions Void 4. Potential Grounds for Recall I. 17 Takeaways for OPMA Compliance • Is there a quorum or more of the governing body? • Is there a serial meeting occurring? • Is there just passive receipt of info related to agency business? • Are you in listening/receiving mode? ro:5-7 Well, let's get started now we've got a quorum." O1 V V 16 Public Records Act Chapter42.56 RCW • PRA is "a strongly worded mandate for broad disclosure of public records." Hearst v. Hoppe, 90 Wn. 2d 123 (1978). • Requires all agencies to disclose public records unless an exemption applies. • Imposes fines for non- compliance. • Act requires strict compliance QN/W What does the PRA require agencies to do? • Appoint a Public Records Officer • Adopt rules of procedure that address production, proper keeping, and fullest and timely assistance in response • Publish procedures describing certain agency organization, operations, rules, and other items listed in PRA • Publish PRA fee schedules • Provide for a review • Procedure for any denial of records • Publish information related to where requests must be submitted ON'W 18 What does the PRA apply to? "AGENCY" An "agency" is defined as all state agencies and all local agencies (and all their employees and appointed officials) in Washington. RCW 42.5 6.010(1). OlvW "PUBLIC RECORD" A "public record" is "any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used or retained by any state of local agency regardless of physical form and characteristics." RCW 42.56.010(3). 21 19 Searching and Providing Records • Searches • Agency must conduct adequate search — consider all forms, all locations, all possible search terms, all possible forms of records • Search criteria; time taken to produce records, and areas searched must all be documented • Installments • Records can and should be provided in installments if the request is very large or time-consuming Statutory Exemptions LEMPT) • Exemptions • Not all records, or parts of records, are disclosable — depends on the information contained in the record and if a legal exemption applies • Exemptions are narrowly construed • An Exemption Log must be prepared and given to requestor noting legal reason record/part of record was redacted • Privacy: • There is no general "privacy" exemption in the PRA • Privacy is considered invaded only if (1) highly offensive to the reasonable person and (2) not of legitimate concern to the public 23 • 21 Duty to Preserve Records Legal Penalties, Including Fines and Imprisonment RCW 40.16.010 Injury to public record. Every person who shall willfully and unlawfully remove, alter, mutilate, destroy, conceal, or obliterate a record, map, book, paper, document, or other thing filed or deposited in a public office, or with any public officer, by authority of law, is guilty of a class C felony and shall be punished by imprisonment in a state correctional facility for not more than five years, or by a fine of not more than one thousand dollars, or by both. OM 22 Enforcement and Penalties Jurisdictions have been subject to fines reaching several hundred thousand dollars for PRA violations - failing to provide responsive records promptly. OlvW RCW 42.56.550(4)judicial review of agency actions. • Requestors - Awarded Attorney Fees • Discretion of the court to award such person an amount not -to -exceed one hundred dollars for each day that he or she was denied the right to inspect or copy said public record. 25 23 Records Retention • Maintenance of Records: https://www.sos.wa.gov/arch i ves/recordsmanagement/man ag i ng-city-records.aspx • Local Gov't Common Records Retention Schedule (CORE) • Records in Native File Format • Records Born Electronically • As noted earlier, there can be criminal liability for willful destruction or alteration ON'W 24 Duty to Produce Records • Business Records (Public) vs. Personal Records (Private) When Creating a Record as a Member vs. as an Individual • Records Kept on City Equipment vs. Personal Equipment • Business Records Received or Sent Outside of City Resources • What Do You Need to Keep? • Primary Records vs. Secondary Records • Cc'd Copies That You Do Not Proliferate as a New Record • Transitory Records - Have No Retention Value • What About Everything Else? • Commission Archive ONW 27 25 QU ESTI 0 N S? ONw