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Government agencies forming Committees & Legal Contract questions

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mooseheart

Junior Member
What is the name of your state (only U.S. law)? WA

I was told that a governing body needs to make a vote to form a committee, but I can't find any specific laws on this. Our school board assigned two board members to an assignment, but did not make a vote on this. They worked on setting a contract for the superintendent that the board then voted on without the public knowing what the "committee" put in the contract. They didn't call it a committee, but that's the only thing that I can think this was because it was specifically set up by the board. So my questions are:

- Does a government agency require a vote to form a committee?

- Is it legally required that a committee be formed for a few members to do the business of the board?

- Was it legal for the committee to set the contract in it's completion outside of an open meeting even though it was approved in an open meeting without informing the public of the details. Their "discussion", was basically one board member explaining how they set the salary - without giving a number or any other details to the public. The board then all agreed on the contract they they were looking at, but the public couldn't see.

- And finally, if the OPMA laws were not followed properly, is the contract null?

Thank you very much for your time.
 


suitandtie

Junior Member
What is the name of your state (only U.S. law)? WA

- And finally, if the OPMA laws were not followed properly, is the contract null?
IMO, that is for a judge to decide, but it seems like a good attack vector. You and your attys have some research to do.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? WA

I was told that a governing body needs to make a vote to form a committee, but I can't find any specific laws on this. Our school board assigned two board members to an assignment, but did not make a vote on this. They worked on setting a contract for the superintendent that the board then voted on without the public knowing what the "committee" put in the contract. They didn't call it a committee, but that's the only thing that I can think this was because it was specifically set up by the board. So my questions are:

- Does a government agency require a vote to form a committee?

- Is it legally required that a committee be formed for a few members to do the business of the board?

- Was it legal for the committee to set the contract in it's completion outside of an open meeting even though it was approved in an open meeting without informing the public of the details. Their "discussion", was basically one board member explaining how they set the salary - without giving a number or any other details to the public. The board then all agreed on the contract they they were looking at, but the public couldn't see.

- And finally, if the OPMA laws were not followed properly, is the contract null?

Thank you very much for your time.
You just really have WAY too much time on your hands.
 

mooseheart

Junior Member
It never hurts to shop around or get a second opinion. At least down the street I received a valid response buried within all the snide comments one expects to receive along the way. ;)
 

quincy

Senior Member
What is the name of your state (only U.S. law)? WA

I was told that a governing body needs to make a vote to form a committee, but I can't find any specific laws on this. Our school board assigned two board members to an assignment, but did not make a vote on this. They worked on setting a contract for the superintendent that the board then voted on without the public knowing what the "committee" put in the contract. They didn't call it a committee, but that's the only thing that I can think this was because it was specifically set up by the board. So my questions are:

- Does a government agency require a vote to form a committee?

- Is it legally required that a committee be formed for a few members to do the business of the board?

- Was it legal for the committee to set the contract in it's completion outside of an open meeting even though it was approved in an open meeting without informing the public of the details. Their "discussion", was basically one board member explaining how they set the salary - without giving a number or any other details to the public. The board then all agreed on the contract they they were looking at, but the public couldn't see.

- And finally, if the OPMA laws were not followed properly, is the contract null?

Thank you very much for your time.
You received advice on another forum. Here are links to open meetings laws in Washington from the Digital Media Law Project and from the Washington State School Directors' Association that will provide you with different/additional information:

DMLP: http://www.dmlp.org/legal-guide/washington/open-meetings-laws-washington

School Directors' Asscoc: http://www.wssda.org/Portals/0/Resources/Publications/opmaman.pdf






(the purpose of this post is primarily to bump a spam thread off the main board)
 

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