(a) To consider matters affecting national security;
(b) To consider the selection of a site or the acquisition of real
estate by lease or purchase when public knowledge regarding such consideration
would cause a likelihood of increased price;
(c) To consider the minimum price at which real estate will be offered
for sale or lease when public knowledge regarding such consideration
would cause a likelihood of decreased price. However, final action
selling or leasing public property shall be taken in a meeting open
to the public;
(d) To review negotiations on the performance of publicly bid contracts
when public knowledge regarding such consideration would cause a likelihood
of increased costs;
(e) To consider, in the case of an export trading company, financial
and commercial information supplied by private persons to the export
trading company;
(f) To receive and evaluate complaints or charges brought against
a public officer or employee. However, upon the request of such officer
or employee, a public hearing or a meeting open to the public shall
be conducted upon such complaint or charge;
(g) To evaluate the qualifications of an applicant for public employment
or to review the performance of a public employee. However, subject
to RCW 42.30.140(4), discussion by a governing body of salaries, wages,
and other conditions of employment to be generally applied within the
agency shall occur in a meeting open to the public, and when a governing
body elects to take final action hiring, setting the salary of an individual
employee or class of employees, or discharging or disciplining an employee,
that action shall be taken in a meeting open to the public;
(h) To evaluate the qualifications of a candidate for appointment
to elective office. However, any interview of such candidate and final
action appointing a candidate to elective office shall be in a meeting
open to the public;
(i) To discuss with legal counsel representing the agency matters
relating to agency enforcement actions, or to discuss with legal counsel
representing the agency litigation or potential litigation to which
the agency, the governing body, or a member acting in an official capacity
is, or is likely to become, a party, when public knowledge regarding
the discussion is likely to result in an adverse legal or financial
consequence to the agency.
This subsection (1)(i) does not permit a governing body to hold an
executive session solely because an attorney representing the agency
is present. For purposes of this subsection (1)(i), "potential
litigation" means matters protected by RPC 1.6 or RCW 5.60.060(2)(a)
concerning:
(A) Litigation that has been specifically threatened to which the
agency, the governing body, or a member acting in an official capacity
is, or is likely to become, a party;
(B) Litigation that the agency reasonably believes may be commenced
by or against the agency, the governing body, or a member acting in
an official capacity; or
(C) Litigation or legal risks of a proposed action or current practice
that the agency has identified when public discussion of the litigation
or legal risks is likely to result in an adverse legal or financial
consequence to the agency;
(j) To consider, in the case of the state library commission or its
advisory bodies, western library network prices, products, equipment,
and services, when such discussion would be likely to adversely affect
the network's ability to conduct business in a competitive economic
climate. However, final action on these matters shall be taken in a
meeting open to the public;
(k) To consider, in the case of the state investment board, financial
and commercial information when the information relates to the investment
of public trust or retirement funds and when public knowledge regarding
the discussion would result in loss to such funds or in private loss
to the providers of this information;
(l) To consider proprietary or confidential non-published information
related to the development, acquisition, or implementation of state
purchased health care services as provided in RCW 41.05.026;
(m) To consider in the case of the life sciences discovery fund authority,
the substance of grant applications and grant awards when public knowledge
regarding the discussion would reasonably be expected to result in
private loss to the providers of this information.
