What are the legal consequences of violating the Open Public Meetings Act?
The Open Public Meetings Act, Chapter 42.30 RCW (OPMA) covers public meetings and executive sessions of public governing bodies and is meant to ensure public bodies make all their decisions openly. See RCW 42.30.010. There is a violation of the OPMA where 1) a member of a governing body, 2) attended a meeting of that body, 3) where action was taken in violation of the OPMA, and 4) that the member had knowledge of the violation. Eugster v. City of Spokane, 110 Wn. App. 212, 221, 39 P.3d 380 (2002) (Eugster I). Meeting and action are both statutorily defined terms and can include email and telephone conferences. Although there is a civil penalty of only $100 for violations of the OPMA, any person who prevails against a port in an action for a violation is entitled to all costs and attorney fees, to be levied against the port. RCW 42.30.120. Furthermore, pursuant to RCW 42.30.060(1), any action or vote taken in violation of the OPMA is null and void. In addition, it is important to consid
