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eBook details

• Title: Miller V. City Of Tacoma
• Author : Washington Supreme Court
• Release Date : January 01, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

We accepted direct review from a Judgement dismissing the plaintiff's complaint alleging the Tacoma City Council violated the Open Public Meetings Act of 1971 (RCW 42.30). The issues presented are: (1) whether there is substantial evidence to support the challenged factual findings of the trial court; (2) whether the council violated the Open Public Meetings Act by conducting a series of ballots in executive session to arrive at a consensus candidate for appointment to the Tacoma City Planning Commission; and (3), if the Open Public Meetings Act was violated, whether Tacoma city council members are subject to a civil penalty under RCW 42.30.120(1) for a knowing violation. We conclude the factual findings of the trial court are supported by substantial evidence and, based on those findings, we further conclude the Open Public Meetings Act was violated by Tacoma City Council, but the council members are not subject to a civil penalty under RCW 42.30.120(1) because this violation was unknowing. We therefore reverse the Judgement of the trial court and remand for an award of reasonable attorney fees and costs.

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