[Vision2020] Executive Sessions

[Tom Ivie]

Garrett,
(Someone please correct me if I am wrong) I don't think the mediation was brought by the DOE. They were one of the parties invited to the table. I believe it was Hawkins that initiated the mediation. With mediation, all parties have the opportunity to agree to the terms of the mediation, i.e. confidentiality. In most cases the terms are negotiable. That's why it is mediation, everyone is trying to get something out of the mediation process -usually a compromise. It would surprise me that if one party were to oppose one or more terms that it would kill the mediation.

Executive sessions -My opinion is that item f really allows a governing body to veil just about anything that can be covered under executive session as long as there is not a final vote because just about anything can "potentially" be subject to litigation. Is it the right thing to do? Not in my opinion.  For the record though, I don't think Human Resource issues should be a matter of public record.

Garrett Clevenger <garrettmc at verizon.net> wrote: Stephanie replied back to me this:

"There would not have been an agreement to discuss
with the public
because they had to sign the confidentiality agreement
prior to the
mediation."

I replied:

Do you know why they had to sign the confidentiality
agreement?  Is that the mandate for any DOE
settlement?

She replied back:

"From what they said at the Council meeting, the
confidentiality
agreement was a requirement for participating in the
mediation."

My reply back to v2020 is that just because the
council people said it, doesn't mean it is true.

Does anybody know if the DOE mandates confidentiallity
of settlements?


Tom writes, also:

"Perhaps we should take a queue from our neighbor to
the west"

I reply:

Sounds good to me.  We have the camaras in place. 
They should record ES's...


HB 3292 - DIGEST 

Requires a governing body holding an executive session

under this act to make a verbatim audio recording of
the 
complete executive session and retain the recording
for a 
period of two years. Such recordings are public
records not 
subject to public inspection and copying under chapter
42.56 
RCW except by court order as specified in this act, or
unless 
authorized by the governing body. 
Provides in an action under chapter 42.30.110 RCW 
alleging a violation of the executive session
provisions in 
this act, a party challenging the lawfulness of the
executive 
session bears the burden of proof. 
Provides if the party challenging the lawfulness of
the 
executive session supports its allegation with
credible 
evidence, supported by declaration or affidavit, the
court 
shall review the entire verbatim audio recording in
camera. 
After such review, if the court finds that the
executive 
session was not in compliance with the provisions of
this 
chapter related to such session, it may order
disclosure of 
only those portions of the verbatim audio recording of
the 
executive session found not in compliance, subject to
such 
other exemptions as may exist in law. The remainder of
the 
verbatim audio recording found to comply with this
chapter 
shall not be disclosed.

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Tom & Liz Ivie
       
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