2902 HEWITT AVE 2016-01-01 MF Import

- _ . . - ;I � � � - sucn meeting. RCW 42. 3�. 060 provides that no govcrnina body of a public ayency shali adopt any resolution, order, or directive ' (which terms include the granti::g of a variance by the Everett � � ' Board of Adji�stment) , except in a meeting open to the public. and i that "any action taken at neetings failing ta comply with the provisions of this section shall be null and void." � � RCW 42.030. 910 declares the purpose of the Open Public Meetings Act to be remedied and requires that they be "liberally construed. " � The conduct of the variance hearing in this case mocks the Open � Public Meetings Act's intent and purpose, as statgd in RCSJ 42. 30.010, i that delib erations be conducted openly. The comments and remarks of the members of the Board of Adjustment were conducted by Board members talking amongst themselves in such a manner as to nake sure their co�mnents were not heard by the members of the audience preser.t, nor susceptible of. being taken down as a record, and, in effect, were conducted as if in a private room without t?�e public present because the comments were not audible to eithet the recording�device ' or person, nor to the_pUblic but only to the members of the Board as they discussed the facts. See Affidavit in Support of Petition for Writ of Certiorari by TED DAHL, page 2_ The conduct of said hearing in such manner not only viclates the intent expressed in RCW 42. 30. 010; it also vio].ates the spirit and literal terms of RCW 42.30.060 that no resolution, order or directive shall be adopted except in a meeting "open to the public. " Constru- ing the words : "open to the public" :liberally, as nand�tc� by RCW 42 . 30. 910, this Court should hold thal- ior a meeting to bu "epen . -4-