Acts Of Good Are Done In Daylight, Acts Of Evil Are Done In Darkness

Recently, the Sunnyside City Council broke with its policy of conducting open public meetings in regards to collective bargaining.  While legal, it violates the spirit of the Open Public Meetings Act, which secures the right of the public to attend meetings at which government business is being conducted.  The act gives an exemption for collective bargaining, which the City Council used, to conduct discussions of police contracts in Executive Session after the last regular meeting.

The Evergreen Freedom Foundation is a group advocating that these types of discussions be held in public meetings.  Eleven states already have various provisions that call for collective bargaining to be done in public meetings.  They are Florida, Kansas, Minnesota, Montana, Tennessee, Texas, Iowa, Alaska, Oregon, Idaho, and Ohio.

Open meetings and the resulting increase in oversight result in government using taxpayer money more effectively.

Following Tuesday night’s special meeting of the City Council, I asked Mayor Garcia for clarification of the City Council position on this issue.  He stated that the police contract discussions involved unique circumstances requiring the Executive Session.  Garcia stated that the City Council intends to hold future collective bargaining discussions in regular meetings.

I applaud the decision to keep meetings involving collective bargaining in the public eye.  Hopefully, it will not be necessary to use the exemption from the Open Public Meetings Act to hold any more Executive Sessions on this matter.

The model legislation below comes from the Evergreen Freedom Foundation, details of which can be found here.

While the proposed model legislation is designed to be used at state level, the City of Sunnyside does not need a state law to hold open meetings.  This is a decision the Council can make on its own.

 

Model Legislation
AN ACT Relating to public access to public sector collective bargaining; amending RCW 42.30.140; and adding a new section to chapter 42.30 RCW.

Sec. 1. RCW 42.30.140 is amended to read as follows: 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:

(1) The proceedings concerned with the formal issuance of an order granting, suspending, revoking, or denying any license, permit, or certificate to engage in any business, occupation, or profession or to any disciplinary 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 necessary; 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 matter having general effect on the public or on a class or group; or

(3) Matters governed by chapter 34.05 RCW, the Administrative Procedure Act.; or

(4)(a) Collective bargaining sessions with employee organizations, including contract negotiations, grievance meetings, and discussions relating to the interpretation or application of a labor agreement; or (b) that portion of a meeting during which the governing body is planning or adopting the strategy or position to be taken by the governing body during the course of any collective bargaining, professional negotiations, or grievance or mediation proceedings, or reviewing the proposals made in the negotiations or proceedings while in progress.

NEW SECTION. Sec. 2. A new section is added to chapter 42.30 RCW to read as follows:

(1) Collective bargaining sessions between the employer or its agent and an employee organization or its representative pursuant to chapters 41.80, 28B.52, 41.80, 41.56, 41.59, 41.76, 47.64 RCW are public meetings subject to the provisions of the open public meetings act as contained in this chapter, as now or hereafter amended. This section shall not apply to grievance, mediation, or arbitration proceedings with employee organizations, or that portion of a meeting during which a governing body is planning or adopting the strategy or position to be taken by the governing body during the course of any collective bargaining, grievance, mediation, or arbitration proceedings.

(2) The representatives or agents of the employer shall be subject be subject to liability for violations of this chapter under the provisions of RCW 42.30.120.

(3) Any records which are created or presented by the employer during collective bargaining sessions, or which are received from the exclusive bargaining representative by the employer in the course of collective bargaining, are public records subject to the provisions of chapter 42.56 RCW.