AGO Opinion Topics: PUBLIC MEETINGS

A county legislative authority may not meet outside of its county in order to hold a joint meeting with the legislative authority of another county unless a specific exception applies, but the legislative authorities may conduct joint meetings using video conferencing. 

1.  A county does not have authority to ban video or sound recording of a meeting required to be open to the public by the Open Public Meetings Act (RCW 42.30); the county could regulate recording only to the extent necessary to preserve order at the meeting and facilitate public attendance. 2.  A county has authority to ban video or sound recording of any lawful executive session of a public meeting. 3.  If a meeting is not an “open public meeting” as defined in RCW 42.30, but is required to be an open meeting by some other statute, the extent of the county's authority to restrict recording of such a meeting would depend on the language and the intent of the controlling statute. 4.  If a county officer conducts a “private meeting” as may be defined in law, the county has authority to restrict or prohibit the recording of such meetings.

RCW 52.12.090, rather than RCW 42.30.080, governs the calling of a special meeting of a board of fire protection district commissioners; accordingly, such a meeting may be called ". . . by a majority of the commissioners or by the secretary and chairman of the board. . . ."

In view of the specific legislative directive in RCW 42.30.140, it is RCW 42.30.080 and not RCW 52.12.090 which governs the calling of a special meeting of a board of fire protection district commissioners; accordingly, such a meeting may be called by the presiding officer of the board or by a majority of the members of the board without any necessity for concurrence by the secretary to the board.

WAC 248-152-030 prohibits smoking at such meetings of the state highway commission as are open to the public under chapter 42.30 RCW.

The public meeting statute contemplates that state and local boards, commissions and agencies must give notice of their meetings to the representatives of press, radio and television and to permit them to cover such meetings with their equipment.  Failure substantially to comply with this law will cast doubt on the validity of their proceedings.