Open government training for elected officials, governing board members and public officers

Received from the City Clerk’s Office in Spokane, WA on October 10, 2017. Effective Date: October 20, 2017. ADMIN 0520-17-06 LGL 2017-0035 

1. GENERAL

1.1 The Washington State legislature enacted the Open Government Training Act effective July 1, 2014. The Act provides in part that: 

a. Every member of a governing board of a public agency must complete training on the requirements of the Open Public Meetings Act (OPMA)(RCW 42.30.205);

b. Each local elected official and each person appointed to fill a vacancy in a local office must complete training regarding the provisions of the Public Records Act (PRA) and records retention (RCW 42.56.150);

c. Public records officers must complete training regarding the provisions of the PRA and records retention (RCW 42.56.152).

This policy sets forth the process by which the City will ensure that all members of City boards, commissions, and committees; all elected and appointed officials to elective office; and all public records officers, including designated departmental public records coordinators, complete the required training.

1.2 TABLE OF CONTENTS

1. GENERAL
2. DEPARTMENTS/DIVISIONS
3. AFFECTED REFERENCES
4. DEFINITIONS
5. POLICY
6. PROCEDURE
7. RESPONSIBILITIES
8. APPENDICES

2. DEPARTMENTS/DIVISIONS AFFECTED

This policy shall apply to members of City boards, commissions, and committees which constitute a governing body of a public agency pursuant to the OPMA, all elected and appointed officials of elective office and all designated public records officers, including designated departmental public records coordinators.

3. REFERENCES

RCW 42.30.205
RCW 42.56.150
RCW 42.56.152
ADMIN 0260-17-05
ADMIN 0260-17-03
ADMIN 5300-17-06

4. DEFINITIONS

4.1 Appointing Authority” means either the Mayor or the City Council depending on which is appointing a member to a board, commission, or committee, or the governing body which has appointment authority by state law or city ordinance. 

4.2 “Elected Official” means the mayor, the council president and the members of the city council whether elected or appointed to their respective elective office pursuant to state law or city ordinance. 

4.3 “Governing Body” means those City boards, commissions or committees that qualify as a governing body under RCW 42.30.010 (2). 

4.4 “Member” means an appointed member of a city board, commission, or committee that qualifies as a governing body of a public agency pursuant to the OPMA. 

4.5 “Public Records Officer” or “Records Officer” means the person designated under RCW 40.14.040 as the officer responsible for compliance with records retention requirements under state law or 42.56.580 as the officer whose responsibility is to serve as a point of contact for members of the public in requesting disclosure of public records and to oversee the agency’s compliance with public records disclosure requirements. Reference Section 5.1.2 of City policy and procedure ADMIN 0260-17-03 for designated Records Officers. For purposes of this policy “Records Officer” shall also include designated departmental records coordinators {reference 6.2.1 of City policy and procedure ADMIN 0260-17-05). 

5. POLICY

5.1 All members of a city board, commission or committee shall complete the open government training relating to the OPMA requirements pursuant to RCW 42.30.205 and the requirement of the PRA contained in Chapter 42.56 RCW

5.2 Elected officials shall complete open government training relating to the PRA requirements and records retention protocols pursuant to RCW 42.56.150. 

5.3 All designated public records officers or records officers shall complete the open government training relating to the PRA and public records retention pursuant to RCW 42.56.152. 

6. PROCEDURE

6.1 Appointed Members of Boards, Commissions and Committees. Upon appointment to a city board, commission, or committee, the Appointing Authority, or its designee, shall provide written instructions to the member on how to complete the required training. The instructions shall be included in the Appointing Authority’s appointment letter to the member. The instructions shall state: 

Washington State law requires that all members of city boards, commissions and committees complete training on the requirements of the Open Public Meeting Act, Chapter 42.30 RCW, within 90 days of appointment. Please visit the City’s Board & Commission website (https://my.spokanecity.org/bcc/vacancies/) for more information regarding open government training.

The information contained on the City’s website shall state:

As part of your appointment, you shall, within ninety (90) days of your appointment letter, complete training regarding the Open Public Meetings Act and the Public Records Act. The training can be completed online through the Attorney General website at http://www.atg. wa.govlopen­government-training. You will need to review the written material under Lesson 1 regarding open government and then watch the videos under Lesson 2, regarding Public Records Act training, and Lesson 3, regarding the Open Public Meeting Act training. Once you have completed the training, you can upload the attached certificate of training and file the certificate with the City Clerk’s Office. You may contact the City Clerk’s Office at 625-6350 if you have any questions.

The member shall complete the open government training relating to the OPMA requirement pursuant to RCW 42.30.205.

6.2 Elected or Appointed Officials to Elective Office. Upon election or appointment to elective office, the elected official shall complete the open government training relating to the OPMA and PRA requirements and records retention protocols pursuant to RCW 42.30.205 and RCW 42.56.150. 

6.3 Designated Public Records Officer. The designated public records officers shall complete the open government training relating to the PRA and public records retention protocol pursuant to RCW 42.56.152.

6.4 Board, Commission and Committee Members, elected officials and public records officers may complete their respective required training through the Attorney General’s internet based training at http://www.atg.wa.gov/open-government-training or through other government agencies such as the Secretary of State, through public section related associations such as the Association of Washington Cities. Please contact the City Attorney’s Office if you are uncertain if the training in question qualifies to satisfy the requirements of state law. Once the training is completed, the member, elected official or public records officer or records officer shall complete the Certificate of Training, which shall be filed with the City Clerk’s Office. The training shall be completed within ninety (90) days of the member assuming his or her duties as a board or commission member, the elected official taking the oath of office or the public records officer assuming responsibilities as a public records officer or records officer. Training must be completed at least once every four years. 

6.5 Administrative Policy Regarding City- and Personally-Owned Communication Devices. The City has adopted Administrative Policy No. 5300-17-06 regarding City- and Personally-Owned Communication Devices, which regulated the use of how such devices can and cannot be used by volunteers such as board, commission and committee members. The City departments are to review this policy with their respective boards and commissions members. 

7. RESPONSIBILITIES

7.1 The department and/or department head/staff most closely associated with a board, commission or committee shall be responsible to implement this policy to make sure new members and reappointed members receive the appropriate training and that the Certificates of Training are filed with the City Clerk’s Office. A list of boards, commissions and committees and their respective departments and/or department heads or staff is included as Appendix No. 1, which may be updated as appropriate by the City Clerk. 

7.2 The Office of the Mayor shall be responsible to implement this policy as it relates to the Mayor. 

7.3 The Office of the City Council shall be responsible to implement this policy as it relates to the Council President and Council Members. 

7.4 The City Clerk’s Office shall be responsible to implement this policy as it relates to the designated public records officer or records officer. 

8. APPENDICES

Appendix No. 1 – List of Boards, Commissions and Committees

Approved by: 

Appendix 1: List of Boards, Commissions, and Committees and the respective departments

Arts Commission –
Bicycle Advisory Board- Planning and Economic Development Department
Boiler Advisory Board -Development Services Department
Boiler Examiners and Appeals Board – Development Services Center
Citizens’ Transportation Advisory Board – Streets Department
Civil Service Commission – Civil Service Department
Community Housing and Human Services Board – CHHS Department
Construction Review Board – Business and Developer Services Department
Decennial District Board- City Council
Design Review Board – Planning and Economic Development Department
Employees’ Retirement System Board – Retirement Department
Ethics Commission – City Attorney’s Office
Fire Code Advisory and Appeals Board – Fire Department
Fire Pension Board – Retirement Department
Historic Landmarks Commission – Historic Preservation Department/Officer
Human Rights Commission – CHHS Department
Library Board – Spokane Public Library
Lodging Tax Advisory Committee – City Council Office
Ombudsman Commission – Office of Police Ombudsman
Public Development Authority (PDA)

• Northeast PDA – Planning and Economic Development Department
• University District PDA – Planning and Economic Development Department

Park Board – Parks and Recreation Department
Parking Advisory Committee – Neighborhood Services and Code Enforcement
Parking and Business Improvement Area Rate Payers Advisory Boards

• Downtown PBIA – DSP Director
• East Sprague PBIA – Business and Developer Services Department

Plan Commission – Planning and Economic Development
Police Advisory Committee – Police Department
Police Pension Board – Retirement Department
Salary Review Commission – City Council and Human Resources Department
Spokane Hotel-Motel Commission
Targeted Investment Pilot (TIP) Advisory Board – Planning and Economic Development Department
Urban Forestry Tree Committee – Parks and Recreation Department
West Quadrant Tax Increment Financing Neighborhood Project Advisory Committee -Planning and Economic Development Department