Special Meetings: Answering Some Frequently Asked Questions

Editor’s note: Per Robert’s Rules, one action a governing body cannot take during a special meeting is to approve meeting minutes. Instead, a governing body should wait until its next regular meeting to approve any meeting minutes.

We receive frequent questions regarding special meetings: how to call one, what can be done at special meetings, etc. This blog will review and answer a few questions. 

Frequently Asked Questions: Special Meetings

Let’s take a look at some frequently asked questions in a little more detail.

What’s the difference between a regular and special meeting?

Governing bodies of public agencies must establish a regular meeting time under the Open Public Meetings Act (OPMA) “by ordinance, resolution, bylaws, or by whatever other rule is required for the conduct of business by that body.” See RCW 42.30.070

These meetings occur on a predictable schedule and the public can generally expect the governing body's regular business to occur at those times. For example, a city council may meet the second Tuesday of every month at 6:00pm, as established by ordinance. Residents know that they can show up at that time (whether virtually or physically) to observe and/or participate in the council’s meeting.

Any meeting that is not a regular meeting of the governing body (i.e., that falls outside the time established for regular meetings and is not an adjournment or continuation of a regular meeting) is considered a “special meeting.” See RCW 42.30.080.

Sometimes special meetings look and feel like a typical meeting of the governing body — they are held in the regular meeting chambers with members conducting agency business — but at a time other than the regular meeting time. Other times, special meetings are called when a quorum or more of a governing body will be together for other reasons, such as an internal training, a work session, or a site visit.

The OPMA requires that all “action” of the governing body occur at a meeting open to the public. In RCW 42.30.020(3) action is broadly defined as:

the transaction of the official business of a public agency by a governing body including but not limited to receipt of public testimony, deliberations, discussions, considerations, reviews, evaluations, and final actions [emphasis added].

Therefore, a special meeting must be called anytime public business will be discussed or considered by a quorum or more of the governing body outside of a regular public meeting. Note that the OPMA recognizes there will be times when a governing body will be together, and it will not constitute a meeting. RCW 42.30.070 provides that:

 [i]t shall not be a violation of the requirements of this chapter for a majority of the members of a governing body to travel together or gather for purposes other than a regular meeting or a special meeting...

What are the notice requirements for a special meeting?

RCW 42.30.080 sets forth the requirements for calling a special meeting, including the notice requirements. A special meeting notice must specify the date, time, and place of the special meeting, and the business to be transacted.

Notice must be provided at least 24 hours in advance to each member of the governing body (unless they’ve provided a written waiver, or they are present at the meeting) and to members of the news media who have requested notice in writing. However, the notice does not need to be published in a newspaper.

Notice must also be posted on the agency’s website 24 hours in advance of the meeting — except for those agencies that do not have or share a website, do not employ any full-time employees, or do not employ personnel whose duties include maintaining a website.

Notice must also be prominently displayed 24 hours in advance at the main entrance of the agency’s principal location and at the meeting site if the meeting isn’t held at the agency’s principal location. See our Notice Requirements for Regular and Special Meetings “Practice Tips” for a detailed overview.

Can a majority of the members of a governing body call a special meeting without violating the OPMA?

MRSC has consistently advised that a majority or more of a governing body may, without violating the OPMA, communicate outside of a meeting for the limited purpose of deciding whether to hold a special meeting, when it would be held, and for what purpose. We think this is supported by the statutory language at RCW 42.30.080, which begins with:

[a] special meeting may be called at any time by the presiding officer of the governing body of a public agency or by a majority of the members of the governing body [emphasis added]…

A contrary conclusion would defeat the purpose of being able to call a meeting with short notice to address matters that come up outside the regularly scheduled meeting times.

However, we recommend that these communications be through a third party, such as a city or county clerk, or special purpose district’s secretary. For example, councilmember X (who may or may not have discussed this with councilmembers Y and Z) emails the city clerk saying they want to call a special meeting at a particular day and time to transact particular business. The city clerk then emails the other councilmembers saying councilmember X wants to call a special meeting at a particular day and time to transact particular business. The clerk then asks the other councilmembers if they agree to councilmember X's suggested date and time or, instead, offer an alternate date/time.

If a majority (including councilmember X) agree to the call for a special meeting, then the clerk would notify all the councilmembers as well as media representatives who have requested notice of special meetings, and then notify the public.

Can a governing body address matters not included on the special meeting notice?

Special meetings of local governing bodies are called for a specific reason — to do what is stated in the notice of the special meeting.

Per RCW 42.30.080, the notice of a special meeting must specify “the business to be transacted” and “[f]inal disposition shall not be taken on any other matter at such meetings by the governing body.”

While “final disposition” is not defined in the statute, RCW 42.30.020(3) defines "final action" as a collective positive or negative decision, or an actual vote “upon a motion, proposal, resolution, order, or ordinance.”

But can a governing body consider or discuss matters not included on the special meeting notice? Yes, if “final disposition” regarding such matters is not taken. Nevertheless, we think it is prudent to do so infrequently. The special meeting notice requirements are intended to ensure that the public has sufficient information regarding what business the governing body intends to address. And the intent of the OPMA is that the public remain informed. See RCW 42.30.010.

If a member of a governing body requests discussion of a matter not addressed in a special meeting notice, we think it is advisable for the body to first consider whether the matter needs to be addressed at that meeting. Sometimes there are good reasons to address issues at a special meeting that were not identified in the meeting notice. For instance, something in the discussion of “the business to be transacted” may trigger a related matter that may need to be discussed first, or something may have come up since the notice of special meeting that calls for immediate attention, even if the body cannot take a final vote on that matter.

For a more detailed discussion, see our OPMA FAQ, What can I do at a special meeting?

Are there certain actions that cannot be taken during a special meeting?

During a special meeting a governing body can do nearly everything that it can at a regular meeting, with a few notable exceptions. In addition to only taking final disposition on items included on the special meeting notice, some local governments have statutory restrictions regarding what may be done at a special meeting — see these examples:

• Second class city councils may not pass an ordinance, approve a contract, or provide for the payment of money at a special meeting (RCW 35.23.181).
• A town council may not pass a resolution or order for the payment of money at a special meeting (RCW 35.27.270).
• The councils of second-class cities, towns, and code cities may not pass a franchise ordinance at a special meeting (RCW 35.23.251; RCW 35.27.330; and RCW 35A.47.040).
• A board of county commissioners may not pass an admissions tax ordinance at a special meeting (RCW 36.38.030).

Some agencies adopt additional local rules restricting what action may be taken at a special meeting. It is important to be aware of any restrictions related to actions at special meetings relevant to your agency.

Can a special meeting be called just to convene an executive session?

Yes. However, a governing body must be sure to follow the proper notice requirements for both the special meeting and the procedures for announcing an executive session as set forth at RCW 42.30.110.

The special meeting notice must include as “the business to be transacted” an executive session to discuss [state the purpose of the executive session and the statutory reference]. Here is an overview of the Procedural Requirements to Hold an Executive Session.

Can an executive session be held at a special meeting if it is not included on the meeting notice?

Sometimes a legitimate need to go into executive session arises during a special meeting that was not anticipated when the special meeting notice was made. We have advised that it is OK to convene such an executive session if the executive session falls within the “business to be transacted” as indicated in the meeting notice. Again, the proper procedures for convening an executive session must be followed.

Does a governing body have to allow public comment at a special meeting?

No. The OPMA was amended in 2022 to include a public comment requirement, and this requirement only applies to certain regular meetings. RCW 42.30.240(1) provides, in relevant part, “a public agency shall provide an opportunity at or before every regular meeting at which final action is taken for public comment.”

Depending on the special meeting, the governing body may still want to invite public comment and participation.

Conclusion and Additional Resources

Special meetings are a crucial tool for conducting public agency business and it is important for staff and officials to understand their possibilities and limitations. For additional information, see MRSC’s Public Meetings & OPMA resources.