Commission advances agency request for OPMA exemption for government‑to‑government consultations

The Washington State Gambling Commission approved a staff motion to submit agency‑request legislation that would create a narrowly drawn Open Public Meetings Act (OPMA) exemption for government‑to‑government consultations between commissioners and tribal governments.

Tricia Guilliam, the commission’s legislative and rules manager, explained the exemption would allow commissioners to meet with tribes to share information and discuss potential impacts on tribal gaming operations provided that during such consultations commissioners do not deliberate or make decisions. Guilliam said staff added clarifying language after receiving a memo of comments from stakeholders.

Roland Thompson, representing the Allied Daily Newspapers of Washington, the Washington State Association of Broadcasters and the Washington Newspaper Publishers Association, urged the commission not to move the exemption forward. "We take very seriously the Open Public Meetings Act and the Open Public Records Act and are somewhat regarded as guardians of that act," Thompson said, warning that private meetings involving commissioners could undermine the commission’s legitimacy.

Commissioners discussed how the proposal is intended to distinguish protected tribal consultation under state law from compact negotiations and affirmed that the draft includes parameters meant to prevent commissioner deliberation during consultations. After discussion, a motion to direct staff to proceed with submitting the agency‑request legislation was seconded and approved by voice vote. Staff will submit the request language and post the response memos and revised draft in the meeting materials.