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Open-meetings act requires state agencies
to decide on lawsuit settlements publicly
(Continued - Page 2)
Relying on interpretations of the Open Public Meetings
Act by Washington state courts, the federal Ninth Circuit Court
of Appeals affirmed the district court’s dismissal of the
action. The Ninth Circuit recognized that an exception to the Open
Public Meetings Act allowed the City Council to discuss the confidential
memorandum with the city attorney in executive session. But a "final
action" based on the confidential memorandum was required by
the terms of the Open Public Meetings Act to occur in an open public
session. Because the City Council’s action to approve the
tentative settlement took place in executive session, it violated
the Open Public Meetings Act and was therefore null and void.
Feature Realty argued that the settlement agreement
still should be binding on the City of Spokane under principles
of equitable estoppel. The Ninth Circuit disagreed, finding that
estoppel principles are inconsistent with application of the Open
Public Meetings Act.
The Feature Realty decision is important to any party
in litigation with a public agency in Washington. Public agencies
must enter into settlements in open public meetings. This can restrict
significantly their ability to propose settlement offers; instead,
public agencies will have incentive to approve after the fact the
negotiated settlements that their attorneys make. Private litigants
probably will be well served by attending open public meetings to
learn whether, prior to the conclusion of settlement negotiations,
the public agency’s governing body has approved any settlement
authority relating to their claim.
| The Lee
Smart Quarterly is a publication of the law offices of Lee, Smart, Cook,
Martin & Patterson, P.S., Inc. for clients and others. It is intended
as general information only and is not to be construed as legal advice.
You should consult an attorney if you have any specific legal questions.
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Jeffrey P. Downer |
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jpd@leesmart.com
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