Inquiry: May a city manager review individual councilmembers?
Response: On the question of whether the city manager may provide feedback to councilmembers in an executive session, I agree with my colleague Oskar Rey’s April 2021 inquiry response to you. RCW 42.30.110(1)(g) authorizes executive sessions for the council to “to review the performance of a public employee.” Councilmembers are not public employees for most purposes. In general, it does not make sense for an appointed official who serves at the pleasure of the Council to review the job performance, either in executive session or in a public meeting, of individual councilmembers.
In addition, a councilmember with a complaint or charge against them could ask that it be considered in a public meeting rather than an executive session. RCW 42.30.110(1)(f) provides:
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;
I recommend you consult with your city attorney. Let me know if you want to further discuss.
Linda Gallagher (she/her)
Legal Consultant
206.625.1300 x222
