An Ask to Uphold RCW 42.30.240
First, I have a simple ask of you fellow open government advocates. I ask you to please remind at least one local government politely this week - you can do this either via e-mail or oral public comment - to ensure there is public comment before council or commission officers are selected for 2026.
Sedro-Woolley City Hall from my drone
I have seen too many jurisdictions put this decision on an agenda and have this decision made before public comment. Some of those jurisdictions are city councils, others are transit boards. In any event, I am asking my readers to please make polite outreach to at least one local government to ensure a public comment opportunity is offered as required as per below:
Public comment.
(1) Except in an emergency situation, the governing body of a public agency shall provide an opportunity at or before every regular meeting at which final action is taken for public comment. The public comment required under this section may be taken orally at a public meeting, or by providing an opportunity for written testimony to be submitted before or at the meeting. If the governing body accepts written testimony, this testimony must be distributed to the governing body. The governing body may set a reasonable deadline for the submission of written testimony before the meeting.
Then there is RCW 42.30.020 (3) that clearly defines “final action”:
(3) "Action" means 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. "Final action" means a collective 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.
A vote for a Council President or a Commission Chair should be considered final action as much as a decision to raise or lower a tax, or approve or deny a contract, or approve or deny a regulation. After all, this is about seeking public input on all “collective positive or negative decision” - because that’s the law. The same law that says,
The legislature finds and declares that all public commissions, boards, councils, committees, subcommittees, departments, divisions, 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 openly.
The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their 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 and informing the people's public servants of their views so that they may retain control over the instruments they have created. For these reasons, even when not required by law, public agencies are encouraged to incorporate and accept public comment during their decision-making process.
There you go. Please go forth and uphold the law.
ClipArt: Microsoft 365 Stock Image
Now A Programming Note…
Personal events have forced me to not be able to deliver a full Beehiv with three open government topics this weekend. However, for some time I’ve wanted to adjust the general publication schedule and at 11 PM on Dec. 7, I now have an opportunity to make the necessary adjustment.
So this new schedule means expect a Beehiv at least on these weekend dates… these dates are impacted by the 2026 state legislative calendar.
Dec. 13 or 14
Dec. 27 or 28
Jan. 10 or 11 - Washington State Legislature starts Jan. 12
Jan. 24 or 25
Feb. 7 or 8 - policy committee cutoff is Feb. 4 with fiscal committee cutoff Feb. 9, and house of orgin cutoff is Feb. 17
Feb. 21 or 22 - Feb. 25 is policy committee cutoff in the opposite chamber of where the legislation was launched
Mar 7 or 8 - March 6 is opposite house cutoff to either pass out of the opposite chamber of where the legislation was launched or the legislation dies.
Mar 21 or 22 - Wrap-up from Sine Die on March 12
This should carry us through any likely adverse to open government legislation. Of course, if necessary, can always do emergency Beehivs like before.
With that, I will give a preview of upcoming topics. The below is not an exhaustive list:
Suggestions for Washington Coaltiion for Open Government Awards
A sad lobbying strategy by Association of Washington Cities
Whatever discipline comes from the University of Washington for those Hamasniks…
How are local governments complying and not complying with RCW 42.30.240.