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DELEGATE JAMES (presiding) : I
think that would be out of order at this
time.
DELEGATE RYBCZYNSKI: Concern-
ing my next question, I notice that there
are two schools of thought on the question
I am going to ask you about. I would like
to know, number one, that you did consider
this, and number two, how you finally re-
solved the problem. It seems over the years
there has been some experience in govern-
mental agencies where a unit will decide to
purchase enough land for a school or a
park, or some other such thing, which is
kept generally secret. However, as soon as
the news either leaks out or gets out, there
is a lot of speculation in the area which
drives prices up.
Now, did you consider the problem and,
if you did, how did you resolve that?
DELEGATE WILLONER: Well, we re-
solved it only in the way that it is being
resolved today. I will read section D of the
statute:
"Matters which you have discussed in
public would be likely to benefit the parties
whose interests are adverse to those of the
general community. This provision shall in-
clude but not be limited to the acquisition
of land."
We did have some discussion, and the
general feeling of the Committee was that
this was still an appropriate area to
protect.
DELEGATE JAMES (presiding) : Are
there any further questions for purposes
of clarification?
Delegate Bennett.
DELEGATE BENNETT: Delegate Wil-
loner, would a proceeding before the merit
system granted for removal of a govern-
ment officer be open to all?
DELEGATE WILLONER: Under this
proposal it would be possible that such a
situation could occur, but once again I
would refer you to the example of the ex-
clusionary statute which would provide that
"The dismissal, promotion, demotion, or
compensation of any public employee, or
the disciplining of such employee or inves-
tigating of charges against him, unless the
employee affected shall have requested an
open meeting, shall be a closed meeting."
DELEGATE BENNETT: In other
words, this is meaningless so far as reach-
ing a great many important issues that are
facing the executive departments, is that
right? Is that correct?
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DELEGATE WILLONER: Would you
repeat the question, please?
DELEGATE BENNETT: Do I under-
stand you to say this proviso is meaning-
less, and has no effect on hearings of that
kind?
DELEGATE WILLONER: No. This
would open up such meetings if they were
not protected "except as otherwise provided
by law." It is not a difficult matter. It is a
matter always raised. I am absolutely posi-
tive that the legislature would so provide.
As far as that aspect is concerned, they
could adopt this freedom of information
statute, and they would certainly protect
that situation.
Does that answer your question?
DELEGATE BENNETT: Not very sat-
isfactorily. To go to another question, what
about a meeting to consider the taking of
a particular piece of property?
DELEGATE WILLONER: I just dis-
cussed that, Delegate Bennett. It would be
an open meeting unless the legislature pro-
tected it, and again in this proposal there
is provision for the legislature to protect
such a meeting. It would have to be even
broader than that because, as this points
out, it would be something that would be
against the public interest; if it were
against the public interest to discuss the
matter in public, then of course it would
be a closed meeting.
DELEGATE JAMES (presiding) : A
point of inquiry from the Chair. Suppost
both houses of the General Assembly
adopted a rule that would permit a com-
mittee or subcommittee of the General As-
sembly to meet in executive session. Do
you think that would be valid?
DELEGATE WILLONER: In this pro-
posal we used the language "By public
general law", and the concept of the Com-
mittee was clearly that before any meeting
could be closed, it would be up to the legis-
lature to provide by legislative enactment
with veto or acceptance of the bill by the
governor.
DELEGATE BENNETT: Would a meet-
ing of the Washington Suburban Sanitary
Commission, where the question was dis-
cussed of where a sewer or water line was
to be laid, be open?
DELEGATE WILLONER: Yes, unless
otherwise protected by the legislature.
DELEGATE BENNETT: What you are
saying in effect is that you can drive a
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