HomeMy WebLinkAbout02_2026_HHTF_Packet
10210 E Sprague Avenue |Spokane Valley WA 99206
Phone: (509) 720-5000 |Fax: (509) 720-5075 |www.spokanevalleywa.gov
SPOKANE VALLEY HOMELESS HOUSING TASK FORCE
MEETINGAGENDA
Thursday, February 26, 2026| 2:00PM
Spokane Valley City Hall, 10210 E Sprague Ave, Room N212Second Floor Conference Roomand virtuallyon Zoom:
Click here to: Join the meeting online
Meeting ID:898 0039 7258| Passcode:832865
1. Call to Order
2. Attendance
3.General Public Comment Opportunity
This is an opportunity for the public to speak on any subject except agenda action items, as public
comments will be taken on those items where indicated.
ACTION ITEMS
4.Approval of January 2026Meeting Minutes
INFORMATION AND DISCUSSION ITEMS
5.Open Public Meetings Act (OPMA) and Public Records Act (PRA) Training
(Tony Beattie, Senior Deputy City Attorney)
6.Adjournment
AGENDA ITEM 4
10210 E Sprague Avenue | Spokane Valley WA 99206
Phone 509-720-5000 | Fax 509-720-5075 | www.spoaknevalleywa.gov
SPOKANE VALLEY HOMELESS HOUSING TASK FORCE
RegularMeeting Minutes| January 22, 2026| 2:00pm
at Spokane Valley City Hall, 10210 E Sprague Ave, Room N212 and on Zoom
1 CALL TO ORDER: Task ForceChair,CouncilmemberPam Haley,was not in attendance. Staffcalled the meeting to
order at 2:09 pm.
Jospeh Ghodsee made a motion for Lisa Miller to serve as Acting Chair for this meeting. Allisha Corley seconded. Motion
passed unanimously.
2 ATTENDANCE: In attendance were:
Task Force Voting MembersGuests (in person)
George Dahl, Spokane County Brennen Kitterman
Lance Beck, Greater Spokane Valley Chamber Taylor Everhart
John Parker, Central Valley School District
Kelly Keenan, Spokane Housing Authority Guests (online)
Joseph Ghodsee, Community Member Nicole Bishop, Spokane Neighborhood Action Program
Allisha Corley, Community Member Dave Noble
Lisa Miller, Lex Law Corp.
City Staff
Task Force Non-Voting Members Eric Robison, Homeless & Housing Coordinator
NoneSarah Farr, Accounting & Finance Program Manager
Julie Meyers-Lehman, Executive Assistant
3GENERAL PUBLIC COMMENT OPPORTUNITY
Acting Chair Millercalled for public comments. There were none.
ACTIONITEMS
4APPROVAL OF NOVEMBER 2025 MEETING MINUTES
Acting Chair Miller noted a correction to the name of her law firmin the attendancerecord; she made a motion to
approve the minutes as corrected. Joseph Ghodsee seconded. Motion passed unanimously.
INFORMATION AND DISCUSSION ITEMS
6Report from Spokane Neighborhood Action Program (SNAP) on Regional ALICE Data
SNAP Philanthropy Manager Nicole Bishop presented a report on community members who are Asset Limited Income
Constrained Employed (ALICE),which refers to populations who are employed, but still struggling financially to cover all
theirbasic needs. Some examples of ALICE households aresingle parents, families with newborns, working senior
citizens, etc. She described income thresholds and the difference between the federal poverty level and the “survival
budget” level in Washington State. Nicole summarizedthe SNAP programs and reported on program metricsand
Spokane Valley Homeless Housing Task Force 01.22.2026Meeting MinutesDRAFTPage 1 of 2
outcomesas of 2024.
The group reached consensus to ask Ms. Bishop to return to a future Task Force meeting when the 2025 metrics
become available. Ms. Bishop spoke about ALICE simulation sessions SNAP offers to help people better understand the
financial challenges others are experiencing. She shared information about ways that people can get involved with
SNAP.
Eric spoke about ongoing challenges for working people struggling to find affordable housing. He noted there is a small
amount of funds available in Fund 1406 to provide assistance; he would like to bring this topic back for discussion at a
future meeting; the group agreed.
7Point in Time (PIT) Count Information
The PIT is an effortto count the number of sheltered and unsheltered individuals experiencing homelessness on a
single night in January. This information is required by Housing and Urban Development for communities receiving
federal funding for housing and homelessness. Counts are generally scheduled each year during the last week of
January.
The group reviewed the totals, categories and trends from counts conducted in 2019 through 2025. City staff and the
Spokane Valley Outreach Team are collaborating with PIT organizers to recruit and train volunteers for the 2026 count,
which will take place January 27 to February 2.
Members discussed the different methods to report and offer services to people experiencing homelessness in Spokane
Valley.
9ADJOURNMENT: There being no further business, the meeting adjourned at 3:10 pm.
Julie Meyers-Lehman, Executive Assistant
Spokane Valley Homeless Housing Task Force 01.22.2026 Meeting Minutes DRAFT Page 2 of 2
Public Records Act and Open
Public Meeting Act Training
Homeless and Housing Task Force
Tony Beattie
Senior Deputy City Attorney, City of Spokane Valley
January 22, 2026
The Public Records Act –RCW 42.56
Historical background
Adopted in 1972 by Initiative 276.
Codified under chapter 42.56 RCW.
Applies to state agencies and local agencies, sub-
agencies, quasi-governmental entities, and non-profits
who are functional equivalent of government.
Strongly worded mandate -statute
“Thepeopleofthisstatedonotyieldtheirsovereigntytothe
agenciesthatservethem.Thepeople,indelegatingauthority,
donotgivetheirpublicservantstherighttodecidewhatis
goodforthepeopletoknowandwhatisnotgoodforthemto
know.Thepeopleinsistonremaininginformedsothatthey
maymaintaincontrolovertheinstrumentstheyhavecreated.”
RCW 42.56.030.
“Public Record” definition
Relevant portion of definitions states as follows:
"Public record" includes any writing containing information relating to the
conduct of government or the performance of any governmental or
proprietary function prepared, owned, used, or retained by any state or
local agency regardless of physical form or characteristics.
RCW 42.56.010(3)
“Public Record” definition
Most important parts are:
(1) “anywriting”;
(2) “information relating to the conduct of government or the performance
of any governmental or proprietary function”; and which is
(3) “prepared, owned, used, or retained by any state or local agency”.
“Writing” –includes electronic
communications
E-mails;
Text messages;
Posts on social media;
Meta-data; and
Police/security video.
Public Record (writing) versus
Information
PRA only requires disclosure of public records.
Information is not a record and therefore not subject to required disclosure.
Information is material or data that is not part of an identifiable record.
•E.g., City population, who is the mayor, how many employees.
However, City policy and customer service standards provide for employees to
provide information as requested when the information is known or accessible.
Definition –“relating to
government”
Location not critical factor, nature of record is what is critical (relates to conduct of
government or performance of governmental or proprietary function and prepared,
owned, used, or retained by City).
“Relating to conduct of government”:
Records that contain any information that refers to or impacts the actions, processes, and
functions of government.
•Nissen v. Pierce County, 183 Wn.2d 863 (2015)
Casts broad net –Supreme Court suggested that union emails on agency server/network about
working conditions could be public records.
•Serv. Emps. Int’l Union Local 925 v. Univ. of Wash.¸ 193 Wn.2d 860 (2019).
Definition –“prepared, owned,
used, or retained by government”
For records on personal devices, consider whether record was created or used within “scope
of employment” or “scope of official capacity”.
If your position requires it, the City directs it, or it furthers the City’s interests, then it is
•Nissen v. Pierce County, 183 Wn.2d 863 (2015) (County business on personal phone is public record); West v. City of
Puyallup, 2 Wn. App. 2d 586 (2018) (challenged content of Councilmember’s personal Facebook page was not public
record).
Personal computer or phone of Council.
Text messaged from personal phone of Council.
In possession of third-party contractor.
Available from another entity.
Definition –“relating to government”
and “used by government” –cont.
No Constitutional privacy rights for public records on private devices, private emails,
or private texts
Must conduct reasonable search where records are likely to be located.
If we know or learn of facts that suggest a search of an additional location or source might reasonably be
expected to uncover responsive records, we must make that extra search.
PRA requires employees/agents/officials to conduct a search of their own
files/devices, submit any public records, and submit a reasonably detailed affidavit
identifying facts attesting to the nature and extent of the search.
Definition –“relating to government”
and “used by government” –cont.
Best Practices.
Do not use personal phone in connection with City business –NO TEXT
MESSAGES
Do not use personal email in connection with City business
Do not use personal computers to draft records related to City government
Do not use personal devices to run internet searches for information related to
City business
Definition –“relating to government”
and “used by government” cont.
Social Media Best Practices.
Adhere to the Council Social Media Policy of the Governance Manual.
•Governance Manual expressly encourages Councilmembers to communicate directly with citizens for the purpose of
developing public policy.
•A court could find Councilmember posts regarding City business to be in furtherance of City business.
Only post about City business on an official social media account connected to the
City’s social media archiving software.
Do not post on personal social media accounts.
Agency Rules
Local governmental entities are mandated to adopt and enforce reasonable rules
governing how the agency shall respond to requests. RCW 42.56.100.
Spokane Valley has done that through adoption of SVMC 2.75.
City Clerk is City’s designated Public Records Officer.
Online records processing through GovQA on the City’s website
Retention: City follows State records retention schedule
Once create a record, do not destroy unless permitted by retention schedule
Form of the record request
No specific form necessary.
Can be oral, but agency should memorialize in writing for protection and clarity.
Request must provide “reasonable description” to be able to locate the record.
Sufficient clarity to give agency fair notice a PRA request has been received as
opposed to other request.
Prompt response required
Must respond within 5 business days by:
(1) providing the record;
(2)providing an internet address/link to website for specific records;
o All City ordinances, resolutions, and contracts are online, as well as many other major documents such
as the Comprehensive Plan;
(3) acknowledging that the \[agency\] has received the request and providing a reasonable
estimate of the time the \[agency\] will require to respond to the request;
(4) acknowledging that the \[agency\] has received the request, requesting clarification, and
providing a reasonable estimate of the time the \[agency\] will require to respond to the request
if clarification is not provided; or
(5) denying the record request.
Exemptions
Originally only 10 exemptions.
Now upwards of 500.
Exempt from disclosure –attorney
client privileged information
RCW 42.56.070(1) contains what is commonly referred to as the “other laws”
exemption to disclosure. It specifically states in pertinent part that “each agency . . .
shall make available . . . all public records unless \[exempt under the PRA\] or other
statute which exempts or prohibits disclosure of specific information or records.”
RCW 5.60.060(2)(a) states that “\[a\]n attorney or counselor shall not, without the
consent of his or her client, be examined as to any communication made by the client
to him or her, or his or her advice given thereon in the course of professional
employment.”
Information not protected -
examples
Council and employee names;
Council and employee salary;
Council and employee benefits;
Employee vacation/sick time used;
Council and employee work e-mail address;
employee length of service; and
Birthdates –Ongoing cases/legislation regarding birthdates (some ability for
exemption).
Penalties and Attorney’s Fees
City cannot require requestor to complete an administrative appeal process before
filing lawsuit.
RCW 42.56.550(4) provides that it “shall be within the discretion of the court to award
such person an amount not to exceed one hundred dollars for each day that he or she
was denied the right to inspect or copy said public record. how much of a fine to
assess is based on two steps:
(1)count the number of days the party was denied access to the records; and
(2)determine the appropriate per day penalty, up to $100 per day depending on the nature of the
denial.
The prevailing party is entitled to “reasonable attorney fees” and costs of suit.
Penalty per document or
per request?
Until 2016, the rule was that the daily penalty applied to the request, not per document.
•Yousoufian v. Sims, 152 Wn.2d 451 (2004).
State Supreme Court has ruled that it is within the trial court’s discretion to assess a
daily penalty for each page of each document wrongfully withheld, depending on the
circumstances (i.e. how egregious the violation was).
•Wade’s Eastside Gun Shop v. Department of Labor & Industries.
Determining penalty amount
Factors used by Courts to determine amount of penalty
Yousoufian v. Sims (V), 168 Wn.2d. 444(2010)
7 mitigating factors
•Examples: good faith, honest, timely, and strict compliance with all the procedural requirements and exceptions; proper
training; reasonableness of reason for noncompliance; tracking systems
•Size of agency is a valid consideration
8 aggravating factors
•Examples: lack of strict compliance; lack of proper training; negligent/ reckless/bad faith/intentional noncompliance with the
PRA; potential for public harm; deterrent effect
Reporting/log requirements
Logs of public record requests and responses RCW 40.14.026.
ID of requestor, date request was received, text of original request, description of the records
produced, description of records redacted or withheld and reasons, and date request was closed
Annual reports to Joint Legislative Audit and Review Committee (JLARC)
If PRA costs exceed $100,000, City must report to JLARC
15 different metrics in report: information concerning costs incurred, staff time, response time,
etc.
Retention Schedule Basics
RCW 40.14.070 discusses local government authority for disposition of records, following the retention
schedules established by the state.
Numerous types of retention schedules at:
https://www.sos.wa.gov/archives/RecordsManagement/Managing-City-Records.aspx
Lifecycle of records: 1) Create or receive, 2) use, 3) store, 4) destroy or preserve
Example DANS
Questions on the PRA?
The Open Public
Meetings Act
The Open Public Meetings Act
(OPMA)
Washington State law enacted in 1971.
Codified under chapter 42.30 RCW.
Applies to all city and town councils, and many subordinate city and town boards and
committees.
Applies to planning commission, lodging tax advisory committee, street sustainability
committee, salary commission, etc.
Purpose of OPMA
Governments “exist to aid in the conduct of the people’s business.” RCW 42.30.010.
“The people of this state do not yield their sovereignty to the agencies which serve them.” Id.
“The people, in delegating authority, do not give their public servants the right to decide what
is good for the people to know and what is not good for them to know.” Id.
“The people insist on remaining informed so that they may retain control over the instruments
they have created.” Id.
Goal is transparency and public trust.
“It is the policy of the state that a governing body’s actions, including deliberations, shall be
taken and conducted in the open.” ESHB 1329
OPMA requirements
OPMA requires that:
All meetings of the governing body shall be open to the public.
All actions taken by such bodies shall be done at meetings that are
open to the public.
What is a “meeting”?
There must be a “meeting” in order to trigger the requirements of the OPMA.
“Meeting” means meetings at which action is taken;
“Action” means 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;
Physical presence is not required (e.g., email, phone call, texting).
Majority (quorum) implicates “meeting” rules.
What is a “meeting”? cont.
Courts have ruled that “serial meetings” are “meetings” under the OPMA.
What is a serial meeting?
Example: One Councilmember speaks with two other Councilmembers about particular City
business. Unbeknownst to the original Councilmember, a fourth Councilmember also speaks to
the two other Councilmembers about the same City business.
•So now all four Councilmembers, which constitutes a quorum, have discussed the City
business and have done so outside of an open public meeting.
Best practice: Conduct all discussions in public meetings.
What is a “meeting”? (cont.)
Email and other electronic communications (e.g. texts or social media) may constitute
a meeting which violates the OPMA if it goes back and forth.
Solely receiving information is not a violation. Responding to email could be a violation
depending on the circumstances.
It is not necessary that a governing body take “final action” (a vote) for a meeting to
be subject to the OPMA.
Discussion regarding City matters is “action.”
Requires notice as a public meeting if a quorum of members are present for the discussion.
What is not a “meeting”?
What is not a meeting:
If City matters are not discussed, then the gathering is not a “meeting” subject to OPMA (even if a
quorum is present).
Examples:
•Social gatherings if City business is not discussed;
•Gatherings before or after official action (such as the time prior to Council meetings) so long as City business is not
discussed;
•Meetings of other government agencies (BoCC, chamber of commerce), so long as the Council/Commission members do
not discuss City business amongst themselves
Perception still important.
What is not a “meeting”?
Outlined in detail in the Planning Commission Rules and Procedures.
Regular meetings are every second and fourth Thursday beginning at 6:00 pm.
All other meetings are “special” meetings.
Some general requirements:
Notice (depends on the regular vs. special meetings);
Open to public unless an executive or closed session;
Votes cannot be by secret ballot;
Member of public cannot be forced to give their name or other information as condition of attendance
(can condition a person’s ability to speak at the meeting on providing information).
RCW 42.30.240: “Except in an emergency situation, the governing body of a public agency shall
provide an opportunity at or before every regular meeting at which final action is taken for public
comment.”
OPMA exceptions and exemptions
No City business = OPMA not implicated.
If no official business of City is transacted, OPMA does not apply.
Public perception is a separate consideration from what is legal.
Active preparation for litigation.
Executive sessions:
11+ specific circumstances, defined by statute.
Closed session (OPMA simply does not apply).
RCW 42.30.140 (quasi-judicial matters and collective bargaining issues).
Executive sessions
Four common examples:
Interviewing candidates/qualifications for appointed positions (City Manager);
Discussing applicant qualifications for open Council position;
Considering the job performance of an employee;
Considering the acquisition of real property where the discussion, if public, could increase the
price;
Discussions with legal counsel about litigation-related matters.
No final decisions allowed in executive sessions
OPMA penalties
Effect of penalty:
The penalty for a violation of the act is direct: any action taken in violation of the OPMA is null and
void;
“Any person” may bring the action in superior court.
Individual liability.
$500 penalty for first violation if they attend with knowledge that the meeting is in violation of the Act,
and $1,000 for subsequent violations.
City or City Council liability.
Liable for all costs, including reasonable attorney fees.
Questions on OPMA?