Censure and Reprimand

There are multiple ways for a board to address problems within their body. Some of these include:

  • Internal Board Actions
    The board can issue formal reprimands, censure the director, or remove them from specific committee assignments. While the board cannot remove an elected director from office, these actions serve as official disapproval.
  • Legal Recourse
    Violations of the Open Public Meetings Act (OPMA) can result in civil penalties. For instance, a member who knowingly attends a meeting that violates the OPMA may be subject to a civil penalty of $500 for the first offense and $1,000 for subsequent offenses.
  • Ethics Complaints
    Concerns about a director’s conduct can be reported to the Washington State Auditor’s Office or the Public Disclosure Commission, especially if the misconduct pertains to ethical violations or misuse of public resources.
  • Community Involvement
    Community members can attend board meetings to express their concerns during public comment periods. Additionally, if the misconduct is severe and persistent, constituents may consider initiating a recall process, following the procedures outlined in state law.

Disciplining a Director

If a board believes one of its members is acting in opposition to the law, their role, or the rules of ethics, boards may adress the misconduct through public censure or reprimand, but they cannot remove an elected member.

Reprimand—unlike a censure—is typically less formal, but if the board chooses to issue it officially, they must follow the same OPMA rules that apply to any board action.

Reprimands Under the OPMA

Under the OPMA, a reprimand requires a quorum when adopted by a board vote. Any official board action, like adopting a reprimand as a resolution or recorded statement, requires a quorum.

An official reprimand must be done in public if formal board action is taken. Under RCW 42.30, all final actions—including adopting a reprimand—must take place in open session, not in executive session. You can discuss performance or behavioral issues in executive session if it falls under RCW 42.30.110(1)(f) because that would be evaluation of a public officer, but the reprimand itself must be issued or adopted publicly.

How to Present and Adopt a Reprimand

The board president may deliver the reprimand at the end of an executive session or during board comment in a public meeting. It may or may not require a vote, depending on board policy. The tone should be firm but professional. The aim is to restore accountability, not engage in a personal attack.

The reprimand can be informal, delivered by the board president or a peer. They can issue what’s called a non-voted verbal or written reprimand without needing a vote or action in a public meeting, so long as it doesn’t constitute a “final action” by the board. For example, a private letter or conversation expressing disapproval is not governed by OPMA unless it becomes official board action.

Example Reprimand Language

“Director [Name] has been observed sharing confidential information from an executive session with individuals not authorized to receive it and engaging in live texting during an executive session. Such actions undermine the trust, confidentiality, and legal standards upon which our board operates.

While we respect differing views and healthy debate, all directors are expected to adhere strictly to the Revised Code of Washington (RCW) 42.30.110 governing executive sessions and the Washington State School Directors’ Association code of conduct.

This reprimand serves as formal notice that any recurrence may prompt more serious disciplinary action, including public censure or formal complaints to external authorities.”

Censure

Censure is a formal, public condemnation of a board member’s conduct. It typically requires a motion, second, and majority vote during a public meeting. Here is an example of a censure for misconduct during executive session.

How a Censure is Carried Out

  1. Draft the resolution in advance and include it on the public meeting agenda.
  2. During the meeting:
    1. One director introduces the motion to censure.
    2. Another director seconds the motion.
    3. Board discussion follows, then a vote.
    4. Majority approval formally adopts the censure.
  3. The censure becomes part of the public record and is reflected in the meeting minutes.

Under RCW 42.30 – Open Public Meetings Act, the following must be true:

  • The meeting where the censure is considered must be open to the public (not in executive session).
  • The censure must be included on the agenda if the district posts agendas in advance (some districts require 24 hours’ notice).
  • Minutes must reflect the motion, discussion, vote, and outcome.
  • The vote must occur in a properly called public meeting** with quorum present. A secret or unannounced vote would be a violation of the OPMA.

Removal of a Board Member

Removing a seated board member can only happen through resignation or voter recall. The relevant law is RCW 29A.56.