Running an Effective and Efficient Commission Meeting
This month’s column discusses effective strategies for conducting commission meetings—a continuation of the theme from the last few columns, which have focused on topics of interest to newly elected commissioners. Strategies for running an effective meeting are perhaps also relevant for commissioners who have just begun new roles as the president or secretary of their respective commissions in elections held earlier this year, per RCW 53.12.245. Individual commissioners do not have the authority to independently make decisions on behalf of the port (unless delegated by the commission). Therefore, the only time the commission can make decisions about the direction of the port is in commission meetings, making this time a valuable—and limited—resource. Ports want to make good use of commission meeting time. A well-run commission meeting is also a positive reflection of the port to the public. With that in mind, here are a few best practice suggestions and considerations to keep in mind for running your port’s commission meetings:
OPMA Compliance. Any discussion on commission meeting practices should start with the Open Public Meeting Act, Chapter 42.30 RCW (“OPMA”). A meeting occurs anytime the commission takes action. “Action” means the transaction of the official business of the port by the commission, including, but not limited to, receipt of public testimony, deliberations, discussions, considerations, reviews, evaluations, and final actions. 1 No vote is needed for an “action” to occur. When a vote, either positive or negative, occurs on a decision, that is considered a “final action,” which also must occur at an open public meeting and includes additional public commenting requirements discussed later in this article.
The balance of this column discusses best practices and other considerations for the conduct of in-person regular or special meetings of the commission. Ports predominantly have in-person meetings on a regular schedule at the port’s offices. However, a public meeting can occur even when commissioners do not meet in person. A public meeting can occur outside of the port’s offices, at, for instance, site visits or retreats, or even outside of the district’s boundaries at, for example, a conference. A public meeting can even occur when commissioners attend and take action at a different agency’s public meeting, such as a city council meeting. These unique public meeting issues are addressed in more detail in previous Knowing the Waters columns.
Scheduling Regular Meetings & Work Sessions. In or before January, the commission should have set a schedule for regular meetings for the year, setting the time and place for meetings by resolution. 2 Most commissions meet monthly or bi-weekly. Many ports schedule regular “work session” meetings as part of their commission regular meeting schedule throughout the year. These meetings typically occur on a different day than the meetings where the commission considers the general ongoing business of the port and has a more limited agenda focusing on one or two topics that require more discussion among the commission. These meetings generally allow more time for discussion among commissioners on a topic and often include a staff or consultant presentation on a specific subject or issue up for consideration. Your commission may consider scheduling work session meetings if your regular commission meetings are getting too long because the commission is bogged down discussing a few topics or issues. These issues are certainly important, but they can distract from other important work that must be accomplished in your regular meetings. Work sessions are an opportunity to give these important issues the time needed for discussion without taking time away from other business of the port. Work session meetings often appear less formal than regular monthly meetings; however, work sessions are still public meetings, and the commission must adhere to all of the requirements of the OPMA.
Adopt a Resolution on Governing the Transaction of the Commission Business. If your port has not done so already, consider adopting a resolution detailing the “rules governing the transaction of its business” of the commission. 3 If your port already adopted a resolution, it is a good practice to review this resolution annually to make any necessary updates. Annual review also serves as a reminder to commissioners, staff, and the public of the rules concerning commission meetings. The purpose of these rules is to efficiently move through the port agenda and ensure that (i) all commissioners have equal rights, privileges, and obligations; and (ii) that there is a full and free debate on an issue before consideration. Typical resolutions address guidelines for public comment, roles of the officers of the commission, standard agenda structure or outline, rules or order and decorum, commitment to transparency and ethics, remote participation rules, commissioner absences, and standards for minutes and public record.
The Agenda. Every port meeting should have an agenda. Regular meeting agendas must be made available online no later than twenty-four (24) hours in advance of the published start time of the meeting. 4 The commission can modify the agenda prior to or during the regular meeting, including adding new items to the agenda to take action on. For a special meeting, which can be called upon twenty-four (24)-hour notice, final disposition cannot occur on any business not identified in the special meeting notice.
President’s Role. The commission president presides over the meeting. The president should open the meeting, facilitate the discussions according to the agenda, call for motions and votes, and maintain order and decorum. It is also the president’s role to ensure compliance with the port’s policies and rules governing meetings, which may include managing public input and acting as commission spokesperson, executing appropriate documents following commission approval, and creating meeting agendas—typically in conjunction with the port’s executive director or managing official. While not statutorily required, often ports will elect a vice president to the commission who would fill in if the president is absent.
Secretary’s Role. The secretary oversees the official documents of the port commission and the distribution and retention of official records. The secretary may take meeting notes themselves, or review them if taken by staff, and sign the minutes. The secretary may have other duties as assigned in the resolution governing the transaction of commission business.
Is Public Comment Required? With few exceptions, an opportunity for public comment must be provided before final action is taken at a public meeting. 5 The opportunity for public comment need not be in verbal comments, but it can be accomplished by accepting written comments. Ports employ different practices for offering public comment. Some ports have only one public comment section at the beginning of the meeting. Others have a public comment section early on in the agenda and a second opportunity as one of the final items on the agenda. It is also typical that commissions limit the duration of public comment to three minutes per person to ensure all persons get an opportunity to address the commission. It is good practice to have an actual timer set and someone, either a commissioner or port staff, acting as the timekeeper. Look at your commission’s adopted policies to see if they include a required format for public comment.
“Public Comment” vs “Public Debate.” It is difficult (and perhaps a bad idea) for the commission or individual commissioners to get drawn into answering “questions” or engaging in a back-and-forth “debate” with public commentators. Once engaged, there is no easy endpoint, and every other speaker will demand the same rights. I think a best practice is for the commission to listen, and only listen, politely, and not respond beyond a “thank you for your comment.” If a commissioner needs more information or would like further discussion, ask the staff to follow up with a public commentator or offer to meet outside of the meeting time with the speaker to discuss their comments further. The key to this recommendation is consistency—if the commission consistently listens to, but avoids debates with commentators, then this section of the meeting can run smoothly.
Executive Session. An executive or closed session can only be called for one of the reasons identified in RCW 42.30.110. Don’t overuse executive sessions. It is not necessary to—and is recommended that the port not—include a standing executive session item on a regular meeting agenda. Determine whether an executive session is really needed or whether the item can be discussed in open session. If an executive session is necessary, include it on the agenda, along with the RCW citation to the exemption, and prepare and follow a script to announce the purpose of the executive session, the expected length of the session, and whether or not the commission anticipates taking action following the closed session. The announced purpose of the closed session must be entered into the meeting minutes. 6 When in closed session, stay on topic—the allowances for closed session discussions in RCW 42.30.110 are limited, and the conversation should stay focused on the announced purpose/topic. And remember, you may not disclose confidential information discussed in executive session; doing so could subject you to fines and potentially forfeiture of office. 7
Minutes. There are statutory requirements to include certain information in meeting minutes, such as the purpose of an executive session as discussed above, but there is no statutorily required format for meeting minutes. The format of these minutes may be provided for in the resolution on governing the transaction of the commission business per RCW 53.12.245. Many ports opt for succinct meeting minutes that follow the outline of the agenda and focus on action items. This approach alleviates the need for extensive review and corrections of minutes narrating every discussion that occurred in the meeting. Also, the value of detailed notes on every discussion is minimized because many ports now record their meetings. With the increased use of artificial intelligence and meeting note-taking tools, it may be tempting to use an AI tool to assist with creating meeting minutes. Ports considering the use of AI tools should investigate and understand the tool and the potential public records implications before using these tools in commission meetings.
The Contentious Meeting. While not a regular occurrence, there are times when a port may have a contentious meeting or discuss a hotly controversial topic at a commission meeting. Former WPPA general counsel, Frank Chmelik, often analogized running a contentious meeting to “cooking in a hot kitchen” and created a presentation on strategies to keep the order. If your port anticipates a contentious meeting, there are strategies you can employ to address the heated topic and maintain a respectful public forum. First, you should call out the elephant in the room—acknowledge that the issue is contentious and important to the community, and then welcome public input on all points of view. Let the public know that there are competing interests that must be carefully weighed and evaluated. It is often helpful to invoke a community standard at the onset of the meeting, reminding the audience that the broader community has a tradition of treating everyone with respect, listening and not interrupting, and not engaging in personal attacks. Remind the audience that applause and yelled comments are not in keeping with the “community standard.” A speaker should be reminded of this if the speaker veers away from this standard, particularly if the speaker veers into personal attacks on commissioners, staff members, or other members of the public. Here, the president needs to stop the speaker and again invoke the community standard. If a meeting is getting out of hand, take a recess to cool tensions and allow the temperature in the room to drop. If that doesn’t work, the commission can adjourn the meeting to reconvene at another time. Ultimately, the best advice for contentious meetings is to make and follow a plan.
Please contact your port counsel with any questions regarding this topic. And, if you have a particular question for a Knowing the Waters, please email me at tschermetzler@csdlaw.com.
1 RCW 42.30.020(3) and (4).
2 RCW 42.30.070 and .075.
3 RCW 53.12.245.
4 RCW 42.30.077.
5 RCW 42.30.240.
6 RCW 42.30.110(2).
7 RCW 42.23.070(4).
