A recent discussion at a Port of Bremerton commissioners meeting has led to some interesting conversations about the Open Public Meetings Act and something called a “serial meeting.”

The Open Public Meetings Act was passed by the Washington State Legislature in 1971 as a part of a nationwide effort to make government affairs more accessible and, in theory, more responsive. The Open Public Meetings Act requires, in essence, that meetings of the governing body of a “public agency” are open to the public. (RCW 42.30.030).

A meeting occurs whenever the governing body of a public agency takes “action.”  If the required notice of the meeting has not been given, the action taken is null and void, that is, as if the meeting had never occurred.

But with the advent of email and social media, a new term has surfaced — a serial meeting.

According to the State Attorney Generals’ website, a serial meeting is the label used to describe a situation when a government board holds a series of meetings attended by less than a quorum of members. This is considered a “private” meeting to discuss a public issue.

So, as the law sees it, a meeting can take place even if the governing body’s members are not in the same location; i.e.: through email, use of a phone, written communications, personal intermediaries, or other technological devices.

What’s key is whether those communications included discussion of public matters, and ultimately, the development of a concurrence as to action to be taken at a later date.

A public official can receive one-way emails from the public, staff or others about agenda matters, but as a general rule if an email is answered, it could be viewed as a serial meeting.

When serial meetings are held to discuss official business or reach consensus on a decision, this constitutes action, even if a majority of the governing body does not meet simultaneously.

It’s a complicated situation and credit needs to go to any elected official who brings the subject forward for all elected officials to consider and review. Port commissioners have decided to have a workshop where they can get advice about serial meetings and how not to have them by mistake or otherwise.

Conducting public business and spending public funds needs to be taken seriously and needs to be done in public. Public officials should make sure they understand what’s legal and what’s not.