Legal Requirements for Hosting Government Open Houses or Coffee Chats

Government open houses and coffee chats with elected officials are frequently used as public engagement tools. When planning this type of event, it is important to work closely with your agency’s legal counsel to discuss applicable legal requirements to avoid potential violations of state law and findings from the Office of the Washington State Auditor (SAO).

Since agency rules can vary, begin by checking your agency’s rules of procedure and policies. Other considerations include determining which elected officials will be in attendance, what records to maintain, and how public funds are used.

In this blog, we’ll explore these topics along with common questions agencies have when planning open houses or coffee chats.

Is the Event Considered a “Meeting” Under the Open Public Meetings Act?

If a quorum (majority) of the governing body plans on attending the event, the agency must provide advanced public notice of the event as a special meeting under the Open Public Meetings Act (OPMA), RCW 42.30.080. If there is any risk that a gathering might be considered a “meeting” for OPMA purposes, then the recommended course of action is to follow the notice and minute requirements for a special meeting.

Additionally, if members of the governing body discuss the event with each other afterwards, this could be considered a “serial meeting.” A serial meeting occurs when a majority of members of a governing body have a series of smaller gatherings or communications that results in a majority of the body collectively taking “action” under OPMA, even if a majority is never part of any one communication. For more information on serial meetings, see MRSC's blog, What Constitutes a Serial Meeting Under the OPMA?

Elected officials may share insights they received during the event at a subsequent regular meeting of the governing body.

Should Minutes Be Taken?

If the event is considered a “meeting” under OPMA, minutes must be taken pursuant RCW 42.30.035. Taking minutes in an open house format can be tricky, especially if there is no formal agenda. Sometimes the best an agency can do is note when the meeting starts/ends and the general topics discussed. If the participants split into groups, an agency could possibly indicate what topics were discussed by each group. Formal question and answer sessions can be noted in the minutes.

Should Remote Participation Be Allowed?

Pursuant to RCW 42.30.030, public agencies are encouraged to provide for the increased ability of the public to observe and participate in meetings through real-time telephonic, electronic, internet, or other readily available means of remote access. However, each agency can determine what format is most suitable for each event.

If remote participation is allowed, MRSC highly recommends making the meeting link available to everyone, not a select group of invited participants. Just like with other online meetings, someone must manage the attendees and account. For more information on managing meeting disruptions, see the blog, When Hate Comes to Town: Addressing Racist and Anti-Semitic Public Comment at Meetings.

While there is no legal requirement to record the remote meeting, the recording must be retained as a public record if the agency does record it. While not specifically required by state law, an agency may consider providing notice to the remote attendees that the meeting is being recorded.

Should a Sign-In Sheet Be Used?

Under the OPMA, members of the public are not required to enter their names on sign-in sheets. RCW 42.30.040 specifically states that “a member of the public shall not be required, as a condition to attendance at a meeting of a governing body, to register his or her name and other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance.” However, participants may voluntarily sign-in to the event. Additionally, agencies should consider including a statement on the sign-in sheet that it is subject to disclosure under the Public Records Act, chapter 42.56 RCW.

Can Food and Drinks Be Served?

If public funds are used to pay for food and drinks, then an agency must consider the prohibition against the gift of public funds. Under Article VIII, Section 7 of the Washington State Constitution, a local government entity is prohibited from bestowing a gift or lending money, property, or the entity’s credit to a private party.

In assessing whether a gift has been bestowed to a private entity, the courts have used a two-step process. First, they determine whether the funds are being expended to carry out a fundamental purpose of the government. If so, then no gift of public funds has been made. Otherwise, the court analyzes whether the government entity had a “donative intent” and whether it received an adequate return for the transfer.

For more information, see MRSC’s webpage on Gift of Public Funds.

MRSC also suggests reviewing applicable agency reimbursement policies to ensure compliance. If an agency plans to offer food and drinks to encourage community participation, be sure to have a policy in place before implementing such a program. If an agency is developing a policy, MRSC suggests making a specific finding regarding the use of coffee to attract public engagement.

For more, see MRSC’s webpage on Travel and Expense Reimbursement Policies.

Where the expenditure could become more problematic is if there are restrictions on who can attend the event, so only a select group of participants are being singled out as recipients. Also, it would raise concerns if the cost of the refreshments becomes a significant expense or if other free prizes or gifts were being distributed that were less related to the nature and purpose of a “meet and greet” open house. This type of situation could give rise to concerns that certain private individuals are being given gifts in violation of the state constitutional provision.

Can a Public Meeting Space Be Used for Free?

If an agency is utilizing a publicly owned meeting space to host these gatherings, consider whether this is allowed under the agency’s policies. Otherwise, if an agency is using the space without charge (and other users are charged), and it is not considered part of an elected official’s or employee’s official duties, it might be considered a gift of public funds to allow use of the space without charge.

Remember that public facilities cannot be used to support or oppose a candidate or a ballot measure. There are very limited exceptions to this rule (discussed in more detail on MRSC’s webpage Use of Public Facilities in Election Campaigns). For example, if the agency regularly hosts these types of candidate forum events, it may be able to take the position that it is part of the “normal and regular conduct” of the agency under RCW 42.17A.555(3). Be sure to discuss these exceptions in advance with your agency’s legal counsel.

Ensuring Open Houses and Coffee Chats are Legally Compliant

In conclusion, if your agency plans on hosting an open house or coffee chat soon, make sure it complies with your agency’s local rules and policies, especially when it comes to providing food, drinks, and meeting space. It is also critical to confirm with your agency’s legal counsel whether or not the event will be subject to OPMA. Advanced planning and coordination with your elected officials and legal counsel is essential to avoiding potential violations of state law and audit findings from the SAO.

MRSC hopes this blog helps make your next event a success.