PORT ANGELES — Port Angeles city staff and City Council members said they could not discuss what occurred in executive sessions that led to the appointment Tuesday of Kent Myers as the new city manager — even after he was appointed.
But that rule might not be as ironclad as it seems, said Tim Ford, the state assistant attorney general for government accountability.
City staff and council members, during Peninsula Daily News interviews last week, cited the city’s Section 3 “Rule of Procedure” when they would not discuss how the City Council ended up hiring the former Hot Springs, Ark., city manager to lead City Hall.
The gag rule applies to anyone who attends a City Council executive session, whether he or she is a public employee or public official or not.
“No member of the City Council, employee of the City, or any other person present during an executive session of the City Council shall disclose to any person the content or substance of any discussion or action which took place during said executive session.”
The rule does not include a penalty.
But it’s so broad that it might run up directly against the First Amendment guarantee of free speech, Ford said.
“While I won’t comment on the legality of the city’s rules of procedure, I would have concerns if any rules were used to threaten a council member with a lawsuit that would infringe on the council member’s constitutional rights of freedom of expression,” he said.
Not all confidential
State law already defines confidential information and protects it from disclosure, and not everything discussed in executive session is confidential, Ford added.
He also suggested city staff and City Council members may have wider latitude to discuss what occurs in executive sessions after what’s discussed in those meetings results in a final decision.
They refused to discuss the process used to select Myers even after he signed his contract Tuesday.
“Most general matters lose any alleged confidentiality when the governing body takes a final action on the matter in an open public meeting,” Ford said.
“A member of a governing body may exercise their First Amendment rights to discuss general matters that are not confidential.”
Ford said the overriding principle that governs disclosure is that “council members are still conducting the public’s business, even while in a closed executive session.”
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Staff writer Paul Gottlieb can be reached at 360-417-3536 or at paul.gottlieb@peninsuladailynews.com.
