OPMA & General Assembly
As related to individual school boards
Even when a local school board quorum is present, if that quorum limits its discussions to WSSDA business as opposed to its local school district business, there are no OPMA concerns because the local school board quorum does not constitute a quorum of the WSSDA membership or the WSSDA Board of Directors.
However, whenever a majority of a local school board is present (physically or virtually), they should be mindful of the fine line between discussing WSSDA business and local school district business. If they are not careful, it would be easy for school board directors from the same school district to loop their discussions back to how an issue would impact their own school district.
If a quorum of your local school board will gather together virtually or in person to attend, watch, or listen to the WSSDA General Assembly, we recommend determining which of these two options you will follow:
- Your board will vigilantly limit discussion to WSSDA business, not your local school board business.
- Your board will post public notice of a special meeting, including providing an opportunity for the general public to attend your gathering (virtually or in-person). A special meeting for this purpose does not require a public comment period. Special meetings require a minimum of 24 hours’ notice for board directors and the public. The notification must include the time, place, and the business/agenda to be transacted at the special meeting.
As related to WSSDA
At the WSSDA General Assembly, the debate and voting are on WSSDA business, not your own school board’s business. This is an important distinction. General Assembly is subject to the Open Public Meetings Act (OPMA) and WSSDA will provide public notice of the assembly and an opportunity for the public to view the proceedings. No public comment period is required and none will be offered. However, the public may provide written comments to WSSDA at any time. Members of the public will not be allowed to engage in the debate or vote at the WSSDA General Assembly.
OPMA & Legislative Conference
As the WSSDA 2023 Legislative Conference approaches, members are wondering whether they need to consider the Open Public Meetings Act (OPMA) along with their attendance. If a majority of your board is attending, the answer is yes. Whenever a majority of the board is present (physically or virtually), board members should consider the OPMA.
Legislative Conference might not feel like a school board meeting, but for OPMA purposes, a meeting happens any time a quorum of the board is present and action happens. You likely think of “action” as conducting official business, such as voting on a motion. It is important to remember that for OPMA purposes “action” includes much more than official business. It includes discussions, deliberations, considerations, and review of matters or information pertaining to the board’s governance. All of which could happen if a majority of your board members attends Legislative Conference and reflects on the information between sessions.
We’ve made a checklist of questions your board should consider:
- Will members of your board gather together to attend one or more Legislative Conference sessions or Day on the Hill meetings together?
- Will members of your board want to discuss ideas, issues, or strategies presented during one or more of the sessions of Legislative Conference and how it relates to your district in preparation for meeting with legislators or anytime other than at a scheduled board meeting?
If you answered yes to any of these questions, please consider noticing a special meeting and providing opportunity for the general public to attend your gathering(s).
Although a majority of your school board members can attend Legislative Conference without violating the OPMA, it requires that your board not discuss issues and information from the sessions relating to your district outside of an open public meeting. This means not discussing these matters during the conference, including break times, or in preparation for meetings with legislators. Given the value of your board discussing, deliberating, considering, and reviewing what you learn at Legislative Conference, if a majority of your board is attending the conference, we encourage school boards to schedule and give notice of one or more special meetings during breaks or shortly after conference.
To be clear, the OPMA does not give the public the right to attend Legislative Conference itself. However, the OPMA does give the public the right to attend your board’s discussions about how the information and ideas presented at Legislative Conference might pertain to your school district. Special meetings require a minimum of 24 hours’ notice, for board directors and the public. The notification must include the time, place, and the business / agenda to be transacted at the special meeting. For the purposes of WSSDA’s Legislative Conference, the agenda is to discuss how sessions, information, and ideas presented pertain to the district.
OPMA & Annual Conference
As the WSSDA Annual Conference approaches, many members are wondering whether they need to consider the Open Public Meetings Act (OPMA) along with their attendance. The answer is yes. Whenever a majority of the board is present (physically or virtually), board members should consider the OPMA.
Annual Conference might not feel like a school board meeting, but for OPMA purposes, a meeting happens any time a quorum of the board is present and action happens. You likely think of “action” as conducting official business, such as voting on a motion. It is important to remember that for OPMA purposes “action” includes much more than official business. It includes discussions, deliberations, considerations, and review—all of which could happen as your board reflects on Annual Conference sessions.
Here are questions your board should consider:
- Will members of your board gather together to watch and listen to one or more Annual Conference sessions together?
- Will members of your board want to discuss sessions of Annual Conference shortly after having attended a session or at the end of one or more days of conference?
- Will members of your board be holding a Boards’ Night Out, either virtually, i.e. dinner “together” via Zoom or dinner out in your own community, following your local County’s Department of Health Guidelines?
If you answered yes to any of these questions, please consider noticing a special meeting and providing opportunity for the general public to attend your gathering(s).
About special meetings
Although a majority of your school board members (we hope it’s the whole board) can attend Annual Conference without violating the OPMA, it requires that your board not discuss the sessions and the ideas you’re learning during conference or break times. Given the value of your board discussing, deliberating, considering, and reviewing what you learn at Annual Conference, we encourage school boards to schedule and give notice of one or more special meetings during breaks or shortly after conference.
To be clear, the OPMA does not give the public the right to attend Annual Conference itself. However, the OPMA does give the public the right to attend your board’s discussions about how what you learned by your attending Annual Conference might pertain to your school district.
Special meetings require a minimum of 24 hours’ notice, for board directors and the public. The notification must include the time, place, and the business / agenda to be transacted at the special meeting. For the purposes of WSSDA’s Annual Conference, the agenda is to discuss sessions, information, and ideas generated by attending the event.
Questions?
Email assembly@wssda.org