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Home My WebLink About05-11-2023 AgendaJ unior City Council May 11, 2023 - 7:00 P M Council Chambers A GE NDA I .C AL L T O O RD E R A .Roll Call I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS I I I .AG E ND A M O D I F IC AT I O NS I V.C O NS E NT AG E ND A All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A .A pproval of A pril 13th, 2023 Minutes V.C O M M IT T E E RE P O RT S /E V E NT S V I .D IS C US S I O N IT E M S A .Review Updated P ublic Records A ct & Open Public Meetings A ct I t is time to have your B oard/Commission review the updated O P MA/P R A Training. I have attached the link below. E :\Multimedia\City Clerk\S hawn\2023 O P MA Training.mp4 B .Mayor's Podcast I f interested in doing Mayor's Podcast, we will schedule two J unior Council Members at a time with Mayor and J onathan to participate. C.J unior Council J udge for Pet Costume Contest at A upurn Farmers Market The A uburn Farmers Market is hosting a Pets in the P ark Day on Sunday, J uly 9th. There will be a pet costume contest from 1 – 2 P M. T hey would like one J r. Councilmember to be a judge for the contest, it is from 12:30 P M – 2 P M. D.Update from Deputy Mayor J ames J eyaraj Update from Deputy Mayor J ames J eyaraj V I I .AD J O URNM E NT Agendas and minutes are available to the public at the City Clerk's Office, on the City website Page 1 of 26 (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 2 of 26 J unior City Council April 13, 2023 - 7:00 P M Council Chambers A GE NDA I .C AL L T O O RD E R Meeting called to order by Chair Menzia at 7:24 p.m. A .Roll Call P resent: Chair Waylon Menzia, Vice Chair J onathan Mulenga; J anine Park; E mily Helms; Khysner Ayo; B riseyda S andate; Savanah L ueck. S taff present: Deputy Mayor J ames J eyaraj; Director of Administration Dana Hinman; Recreation Coordinator Keisha Taylor. I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS A .National A lliance on Mental I llness (NA MI ) P resentation National A lliance on Mental I llness' S outh King County chapter to present their programs that bring awareness to youth mental health National A lliance on Mental I llness (NA MI ) P resentation: Robin Hinz from NA MI S outh King County presented information to the A J C C on “Ending the Silence” youth mental health program: https://www.nami.org/Support- E ducation/Mental-Health-E ducation/NA MI -Ending-the-Silence. I I I .AG E ND A M O D I F IC AT I O NS Members attending the Mayor’s State of City A ddress on April 19, 2023: S avanah, Waylon, B riseyda, J anine, Emily, J anine Chair Menzia shared that the A J C C gave an update on A pril 3, 2023 I V.C O NS E NT AG E ND A All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A .A pproval of March 23rd, 2023 Minutes A pproval of minutes from March 23, 2023 – Motion to approve by Vice Chair Mulenga; S econd by Member Sandate. Motion passed. V.C O M M IT T E E RE P O RT S /E V E NT S Page 1 of 2Page 3 of 26 V I .D IS C US S I O N IT E M S A .Updates from NL C Updates from J unior City Council attending NL C Members that attended the NC L conference provided updates on the trip and some of their favorite activities they participated in in Washington, D.C. B .Clean Sweep on April 22nd, 2023 Celebrate Earth Day by participating in the City’s largest spring clean-up! Clean S weep 2023 will focus on clean-up, environmental restoration, and beautification efforts in A uburn. Volunteer groups will work on general clean-up, landscaping, planting, weeding and other projects at various parks, trails, and other locations around Auburn. Volunteers can either choose to participate in a specific project or can ask to be assigned to any project, in which case your group will be assigned where the most volunteer support is needed. W ho would like to attend? 7:30 – 8:30 A M ……Check in – A uburn Community & Events Center 7:30 – 8:30 A M ……Welcome & Breakfast – A uburn Community & Events Center 8:45 – 9:00 A M. ..... Check in at project location – emailed in advance 9:00 A M – 12 P M. ... Volunteers commence project tasks A pril 22, 2023: A J C C members attending T B A (follow up with member P ark) – A J C C members can join K eisha Taylor and the A uburn Youth Council. C.Update from Deputy Mayor J ames J eyaraj Update from Deputy Mayor J eyaraj D M J eyaraj updated the A J C C on the topics covered in last City Council study session on Monday, A pril 10, 2023. V I I .AD J O URNM E NT Chair Menzia adjourned meeting at 7:55 p.m. A pproved this ____ day of A pril, 2023. ________________________________ Waylon Menzia, Chair ________________________________ Melissa B ailey, City Council Assistant Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Page 2 of 2Page 4 of 26 AUBURNVALUESS E R V I C EENVIRONMENTE C O N O M YC H A R A C T E RSUSTAINABILITYW E L L N E S SC E L E B R AT I O NOPEN GOVERNMENT TRAININGKendra Comeau, Auburn City Attorney Shawn Campbell, Auburn City ClerkPage 5 of 26 Preservation and Destruction of Public RecordsChapter 40.14 RCW Public Records ActChapter 42.56 RCW Open Public Meetings ActChapter 42.30 RCWOPEN GOVERNMENT TRAININGPage 6 of 26 Keep all records created by you or sent to youPrimary Copy Only Forward all writings containing information relating to the conduct of government received on your personal deviceCouncils, Boards, Commissions: Send messages to your Council, Board, or Commission City liaison unless the communication is from a City staff memberCity staff should not use their personal devices to conduct the business of the CityRECORDS RETENTION AND DESTRUCTIONPage 7 of 26 Fines assessed by the Court due to failure to produce documents needed to fulfill a public records request or as part of a lawsuit The possibility of interrupting efficient City operations due to loss of information A loss of continuity in business operations in the event of a disaster Loss of records of historical significance Intentional destruction of public records is a crimeCONSEQUENCES FOR DESTROYING RECORDS TOO EARLYPage 8 of 26 Primary copy kept by City Clerk All other copies are secondary and can be destroyed when no longer needed.Page 9 of 26 The people do not yield their sovereignty to the agencies which serve them.” “The people, in delegating authority, do not give public servants the right to decide what is good for the people to know and what is not good for them to know.” “The people insist on remaining informed so they may retain control over the instruments they have created.”PUBLIC RECORDS ACTPage 10 of 26 "Public record" includes: any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristicsRCW 42.56.010 DEFINITIONSPage 11 of 26 IDENTIFIABLE PUBLIC RECORDSMay 24, 20Attn: Human ResourcesI would like to know how the city handles employment discrimination claims. Please advise at your earliest convenience.Ann SmithThe first request is for information.The second request is for an “identifiable public record.” To: City of TukwilaDate: June 1, 2014I would like to receive a copy of the city’s policy for handling employment discrimination claims.Thank you.Paul JonesMay 24, 2020Attn: Human ResourcesI would like to know how the city handles employment discrimination claims. Please advise at your earliest convenience.Ann SmithTo: City of AuburnDate: June 1, 2020I would like to receive a copy of the city’s policy for handling employment discrimination claims.Thank you.Paul JonesPage 12 of 26 PUBLIC RECORDS REQUESTS Public Records Portal on City’s WebsiteCity Hall- Records Request FormPage 13 of 26 •An agency should read the request carefully read the request carefully read the request carefully read the request carefully to understand what records are requested.Clarify the request if needed.An agency can also ask the requestor to suggest search terms.•An agency must conduct an adequate search adequate search adequate search adequate search for responsive records. Consider all formats (paper, electronic, etc.)Consider records of current staff/officials, and former staff/officials, if potentially responsive. Consider possible locations (e.g., file cabinets, agency website, audio files, etc.)•The search should be reasonably calculated to uncover responsive recordsreasonably calculated to uncover responsive recordsreasonably calculated to uncover responsive recordsreasonably calculated to uncover responsive records.The search should follow obvious leadsobvious leadsobvious leadsobvious leadsto possible locations where records are likely to be found.It is a good idea to documentdocumentdocumentdocumentsearch efforts (locations, search terms used, etc.). The agency bears the burden of proof burden of proof burden of proof burden of proof to show the adequacy of the search.SEARCHING FOR RECORDSPage 14 of 26 •There is no general “privacy” exemption in the Public Records Act.•If privacy is an express element of another exemption, privacy is invaded only if disclosure about the person would be:“highly offensive to the reasonable person” and“not of legitimate concern to the public.”This means that if information does not satisfy both these factors, it cannot be withheld as “private” information under the applicable exemption. ~RCW42.56.050PRIVACYPage 15 of 26 Hoffman v. Kittitas Cnty (Sept. 26, 2019): Court fined the County $15,498 based on a penalty of $.50 per page/photo/video for 246 days. Zink v. City of Mesa (June 19, 2018): Court fined City of Meza $200,746.47 and attorneys’ fees of $25,746.47 in a case involving 172 records requests over 3 years related to the City’s decision to terminate the Zinks’ building permit.UPDATE WITH RECENT COURT CASESPage 16 of 26 Applies to:Applies to:Applies to:Applies to:Governing bodies Governing bodies Governing bodies Governing bodies (“multimember boards, commissions, committees, councils, or other policy or rule-making bodies of a public agency”).Public Agencies of Auburn:The City CouncilThe City’s subagencies (commissions, boards, agencies, etc. that are “created by statute, ordinance, or other legislative act…”); andAny committeecommitteecommitteecommittee of the council or a subagencywhen:•the committee acts on behalf of the governing body, •conducts hearings, or•Takes testimony or public comment--RCW 42.30.020“The purpose of the OPMA is to allow the public toview the “decision-making process.”~ Washington State Supreme CourtOPEN PUBLIC MEETINGS ACT (OPMA)Page 17 of 26 “ActionActionActionAction” means the transaction of the official business of the public agency and includes but is not limited to:Public testimonyDeliberationsDiscussionsConsiderationsReviewsEvaluationsThe requirements of the OPMA are triggered whether or not “final” action is taken.~ RCW 42.30.020WHAT IS ACTIONPage 18 of 26 “Final actionFinal actionFinal actionFinal action” means a collective positive or negative decision or an actual vote by the members of the governing body upon a motion, proposal, resolution, order, or ordinance.HB 1329 (2022): Requires that the City provide an opportunity for public comment at or before every regular meeting at which final action is taken. Requiresan opportunity for individuals to provide remote oral comment if the person will have difficulty attending the meeting.Public agencies are encouragedto provide for remote comment. WHAT IS FINAL ACTIONPage 19 of 26 All meetings of a governing body of a public agency must be held in a physical location where the public can attend, with an exception:If required by the emergency, the public agency can either fully prohibit or limit in-person public attendance at the meeting. It is highly encouraged that a governing body provide a remote meeting attendance option when there are no limitations to in-person meeting attendance by the public.MEETING LOCATIONPage 20 of 26 The OPMA permits members of the governing body to attend the meeting by phone or other electronic means that allows for real-time verbal communication. Your staff liaison will make a recommendation for required types of meeting attendance for City Boards and Commissions. The meeting must be held in a physical location and must allow the public to attend in-person (absent an emergency).REMOTE MEETING ATTENDANCEPage 21 of 26 Avoid an inadvertent onAvoid an inadvertent onAvoid an inadvertent onAvoid an inadvertent on----line public meetingline public meetingline public meetingline public meetingQuorum ActionPage 22 of 26 PUBLIC MEETING NOTICE REQUIREMENTS Regular MeetingsRegular MeetingsRegular MeetingsRegular Meetings(recurring meetings held according to a schedule fixed by ordinance, resolution, bylaws or other rule)Governing bodies are required to make the agenda of each Regular Meeting of the governing body available on-line no later than 24 hours in advance of the published start time of the meeting. Special MeetingsSpecial MeetingsSpecial MeetingsSpecial Meetings(a meeting that is not a Regular Meeting, called by the presiding officer or majority of the members)ALL MEETINGS MUST BE NOTICED BY THE CITY CLERKWritten notice must be given 24 hours before the Special Meeting and must specify the date, time and place of the meeting and the business to be transacted. Emergency Special MeetingsEmergency Special MeetingsEmergency Special MeetingsEmergency Special MeetingsNotice is not required for a Special Meeting called to deal with an emergency:When the emergency involves injury or damage to persons or property or the likelihood of such injury or damageWhere time requirements of notice make notice impractical and increase the likelihood of such injury or damage~ RCW 42.30.070, RCW 42.30.077, RCW 42.30.080Page 23 of 26 For specified purposes set out in the OPMA-no final action can be taken. Examples:EXECUTIVE SESSIONSNational securityReal estate:•Site selection or acquisition of real estate—•Lease or purchase•Public knowledge would likely increase price•Sale or lease—•Public knowledge would likely decrease price•Final action selling or leasing public property must be taken at an open meetingPublicly bid contracts:•Review negotiations on the performance of publicly bid contracts•Public knowledge would likely increase costsEvaluate qualifications of an applicant for public employmentMeet with legal counsel regarding enforcement actions, litigation or potential litigationOther purposes listed in RCW 42.30.110~ RCW 42.30.110Page 24 of 26 PENALTIES FOR VIOLATING THE OPEN PUBLIC MEETINGS ACTA court can impose a $500civil penalty against each member(personal liability) for a first violation, and $1,000 for each successiveviolation.Any action taken at meetings held in violation of the OPMA are “null and void.” A court may order an agency to pay the costs and reasonable attorney’s fees of a person who sues the agency for a violation. An OPMA violation may provide a sufficient legal basis for a recall effort against a local elected official.But…if the court finds that the action was frivolous and advanced without reasonable cause, it may award to the agency reasonable expenses and attorney fees.~ RCW 42.30.120; RCW 42.30.060Page 25 of 26 OPMA – WHAT DOES AUBURN DO?Agendas are posted on the City’s website at least 24 hours in advance of meetings.Procedures have been formalized for override of the front door locks to ensure access.Documentation is retained: meeting minutes and executive sessions (purpose, time, attendees).Training has been provided for staff who serve as liaisons to the City’s Boards and Commissions (need more training? Contact Shawn Campbell).Page 26 of 26