AWPHD Membership Meeting June 27, 2011 PRESENTER: JOE LEVAN, MRSC LEGAL CONSULTANT 1 www.mrsc.org (206) 625-1300.

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Presentation transcript:

AWPHD Membership Meeting June 27, 2011 PRESENTER: JOE LEVAN, MRSC LEGAL CONSULTANT 1 (206)

MRSC P ROGRAMS Inquiries Publications Web Site – Library Training Special Projects (206)

What To Do Call us us (206)

How to Reach Us Phone(206) MRSC (6772) Web Mail2601 Fourth Avenue, Suite 800 Seattle, WA Fax(206) (206)

H OT T OPICS & L ANDMINES Some recent changes in law MRSC as clearinghouse – some key trends Other timely information Practical suggestions (206)

Topic Areas AWPHD Training Program Public Records & Retention OPMA Elections Ethics (206)

AWPHD Training Program Training Module with topics on a continuing cycle Webcasts What Hospital District Commissioners Need to Know  June 2, 2011: The Public Records Act & You: What Hospital District Commissioners Need to Know  September 2011: OPMA issues  TBD: (Likely) Ethics-Conflict of Interest-PDC Conferences: General Session; Panel Discussions Informational Brochure for New & Aspiring Commissioners (206)

Public Records Act Hot Topics SHB 1899: Effective July 22, 2011, the per day penalty is $0 up to a maximum of $100 (subject to the court’s discretion) SHB 1899 Zink v. Mesa (June 7, 2011)  Remand for new determination of penalties  Retroactive application of SHB 1899?SHB 1899  No obligation to produce documents that don’t exist See also, BIAW v. McCarthy (2009)  Claims under PRA and retention provisions (206)

Public Records Act Hot Topics Public Hospital District Considerations: Sunshine Committee – discussing exemption re: closed claims Key more general issue: PRA and records retention issues related to use of non-district computers, smart phones, and other devices (206)

PRA & Records Retention Practical Tips Your district needs to have a knowledgeable and highly competent Public Records Officer Enact, implement, and enforce sound PRA and records retention policies  Electronic records can be challenging  MRSC, AWPHD, and WAPRO are good resources (206)

OPMA Hot Topics Can a quorum of commissioners participate in a training session together and not violate the OPMA? Serial meetings Confidentiality issues regarding executive sessions (206)

Elections Hot Topics Most local governments face campaign contribution limits under RCW RCW The PDC has indicated that the limits in RCW do not apply to candidates for public hospital district commissionerRCW (206)

Ethics Hot Topics Chapter RCW Contract Interests  RCW : No municipal officer may have a contract interest, directly or indirectly, in any contract which may be made by, through, or under the supervision of such officer, in whole or in part … RCW Special Privileges (206)

Additional Resources AWPHD Website ( ) MRSC Website ( ) MRSC Publications Washington Association of Public Records Officers (WAPRO) ( (206)

Contact Info J OE L EVAN, MRSC L EGAL C ONSULTANT (206) (206)