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SECTION IV - Commissioner Meetings and the Open
Public Meetings Act
Compiled from the PHD Legal Manual,
Chapter Five
As public entities, hospital districts are subject to state laws mandating public meetings
and accessible records. The meetings and records requirements for public hospital
districts are substantially the same requirements that govern all local governments in
Washington State. Of the two issues, the meetings requirements are probably the one that
affect commissioners most directly. This chapter provides the commissioner with a
comprehensive publication on open public meetings entitled the Attorney General of
Washington's Open Records & Open Meetings Desk Book. The Desk Book also contains
information on public records. (See the Public Hospital District Legal Manual for
additional information on public records requirements.)
Updated versions of the Attorney Generals Office Hand Book and the Municipal
Research Services Center Public Records publication can be found at:
Executive Sessions for PHDs
The publication contained in this section of the legal manual includes nearly all the
information hospital districts require about the Open Public Meetings Act and the Public
Records Act. However, there are a couple of hospital district specific issues that must be
mentioned in this context.
First, hospital districts (unlike other local governments) enjoy an additional exemption to
the open meetings requirement. Hospital districts may convene an executive session
when dealing with certain issues related to clinical privileges. RCW 70.44.062 states:
All meetings, proceedings, and deliberations of the board of commissioners, its
staff or agents, concerning the granting, denial, revocation, restriction, or other
consideration of the status of the clinical or staff privileges of a physician or other
health care provider as that term is defined in RCW 7.70.020, if such other
providers at the discretion of the districts commissioners are considered for such
privileges, shall be confidential and may be conducted in executive session:
PROVIDED, That the final action of the board as to the denial revocation or
restriction of clinical or staff privileges of a physician or other health care
provider as defined in RCW 7.70.020 shall be done in public session.
Minutes
The state law on minutes is not part of the Open Public Meetings Act. Rather, it is set
forth in RCW 42.32.030. Under that statute, minutes of regular and special meetings
must be promptly recorded and open to public inspection. Minutes of executive
sessions are not required.
Written or taped minutes are public records and, therefore, must be made available for
inspection under the Public Records Act [Chapter 42.17 RCW]. Minutes, or portions
thereof, may be exempt from disclosure only if they fall within one of the exemptions to
the Public Records Act [See Chapter 42.17 RCW]. Consequently, it is possible for a
governing body to properly close a meeting under the executive session exemptions but
have to release any recorded minutes because they do not fall within an exemption to
the Public Records Act.
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