In the newsroom we place considerable importance on the
maintenance of public meetings laws. Our watchdog role,
after all, includes publishing the rather mundane weekly schedule
of those meetings and having reporters sit in to listen and report
on our elected officials’ decisions. So we’re sensitive, and take
it seriously, to any time public servants meet in an unannounced
group — or even when there’s any perception that the public’s
business is taking place behind closed doors.
Two situations this week highlighted those laws to us, and I
hope can showcase the extent our journalists go to pay attention
and uphold the responsibility I mention above. The situations here
don’t border on illegality — quite the opposite in one case — so
don’t read this as an accusation. This explanation is to provide
some insight on an issue we consider vital in a functioning
democracy.
With that said…
Wednesday morning Kitsap County issued notice of a special
meeting, giving a legally-required 24-hour advance that it would be
open to the public. Hours later at the commissioners’ work session,
where Sun reporter Chris Dunagan was in attendance, they previewed
the meeting between commissioner Josh Brown and the Port of
Bremerton commissioners to discuss transit planning. South Kitsap
Commissioner Charlotte Garrido said she wanted to be there, with
all commissioners acknowledging that her attendance would make the
meeting public.
The county had noticed a meeting before it even knew the session
would be public, in other words. That’s pretty proactive in
following the letter of the law. Commissioner Steve Bauer also made
the point that any “candid” conversation should not be withheld
because a reporter may be in attendance. (As one was, if you read
Ed Friedrich’s story from that meeting.) You could
call that pretty proactive in following the spirit of the law. Both
actions are the type we like, the law likes, and you should like
too.
Now, the other example.
At least a week ago reporter Chris Henry was told about a
meeting between a few elected officials to discuss county
annexation policy, specifically learning from revenue-sharing
issues that came up during Port Orchard’s annexation of McCormick
Woods. She
blogged about it, indicating the meeting was not
public. But this week Port Orchard Mayor Lary Coppola told Chris
he’d be fine if she was in attendance, with the caveat that he did
not call the meeting and did not have final say on whether media
would be welcome. Mary McClure, executive director of the Kitsap
Regional Coordinating Council, was heading the meeting up, and
therefore held the final say on the invite list.
The meeting was also to include three two Port Orchard council
members, three county DCD employees and County Commissioner
Charlotte Garrido. No quorum of any public body, but still a number
of elected officials talking about something that is important to
Port Orchard in the near-term, and eventually will be to the whole
county.
Chris Henry was scheduled to be off Thursday, so the tip was
passed to Brynn Grimley, who has covered the Silverdale
incorporation issue for us. Brynn planned her day to be at the City
Hall county offices
in Port Orchard by 9 a.m., with the understanding that, based on
Coppola’s offer and the fact that this was an issue that had been
discussed publicly, those in attendance were unlikely to object to
her presence when things got going. The city of Port Orchard,
following up on Coppola’s offer, attempted to contact McClure
Wednesday to let her know we had expressed interest in a Sun
reporter attending.
McClure didn’t respond to the city’s email on Wednesday, but did
call our offices early Thursday repeatedly trying to reach Brynn.
Her attempt was done as a courtesy so that Brynn didn’t spend time
showing up for something a reporter, legally, was not entitled to
attend.
Brynn didn’t get those messages, which were left from 7 a.m.
until 8:30 or so, and arrived at the county offices to learn
McClure’s opinion. Brynn headed back to the Sun office. While
frustrated to have planned on covering a meeting and then having
the door shut, she understood and respected the decision. Brynn
spent a few hours on other tasks and then called around to
interview those who were at the meeting.
Everyone seemed candid about what transpired, with accounts that
matched up with one another’s, and Brynn was able to report and
write a story we believe to be accurate without actually sitting in
on the session. Again, nothing improper was done by anyone
involved, and all were cooperative following the session. McClure
explained that she had not been given time to notice the others
that a reporter may be in attendance and didn’t want them
surprised, which can happen when someone with a pen and paper — or
laptop and videocamera, these days — shows up unannounced. McClure
also told Brynn on Thursday that, in her judgment, she wanted the
meeting participants to be “sincere” in their comments, and wasn’t
sure that would be possible with an “audience” present. That’s the
same issue Steve Bauer raised with the commissioners, with a
different interpretation.
This isn’t meant to sound like sour grapes, nor to discount the
need to do some public negotiation in private. We still got the
story, albeit a version based on post-meeting interviews, after
several phone calls. McClure did not violate any public meetings
laws with her request, and Brynn squared away any miscommunication
that had transpired about who had capacity to issue invitations and
who should have been asked up front.
Still — and here’s the point — when a reporter is told he or she
can’t attend a meeting that doesn’t seem to step into the bounds of
executive privilege or sensitive negotiations, it raises the
antennae in our newsroom. When we see an attendee list that looks
like a quorum, our eyebrows rise. And when we observe a public body
abiding by the rules in place and openly talking about the
consequences, as the county commissioners did this week and do on a
routine basis to remain transparent, trust is built. We like to
think those are good natural reactions.
But I also point this week’s episodes out as a reminder for
politicians about how strongly we feel about those meeting laws and
how should we expect them to speak candidly to one another no
matter the venue. Also, it’s hopefully a sign to readers that, day
in and day out, we intend to continue as the eyes and ears for the
community. Last, it may be interesting for the layperson to note
the procedural difference between an open meeting and what allows
talks to go on in secret — in the case of the transportation
discussion Thursday, one county commissioner’s attendance, and in
the other meeting, the lack of a quorum of Port Orchard City
Council by just one.
If you’re interested in learning more about public meetings law,
the state website is here.
Maybe this is all just my way to stress that the more we are aware
of that public process, with the full understanding of the laws on
public meetings and transparent elected officials heeding those
rules, the better off we all are. Sometimes we all need that
reminder.
— David Nelson
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