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Featured Inquiry (01/07/08)

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Question

If a fire district commissioner participates in a commission meeting by telephone, is he/she entitled to daily compensation per RCW 52.14.010?

Answer

It's our opinion that, if the board of fire district commissioners adopts a policy authorizing telephonic participation at board meetings, then any commissioner participating in a board meeting by telephone is entitled to the $90 compensation for that day, as authorized by RCW 52.14.010, as amended by HB 1368 (Ch. 469, Laws of 2007). The relevant part of that statute provides as follows:

Each member [of a board of fire district commissioners] shall each receive ninety dollars per day or portion thereof, not to exceed eight thousand six hundred forty dollars per year, for time spent in actual attendance at official meetings of the board or in performance of other services or duties on behalf of the district.

The policy authorizing telephonic participation at board meetings would have to mean that telephonic participation is equivalent to physical attendance at the meeting - i.e., the board member participating telephonically has all the rights of one participating in person. We believe that would be considered "actual" attendance at a board meeting. A commissioner attending telephonically would not, of course, be entitled per the second paragraph of RCW 52.14.010 to any expense reimbursement for such participation.

The telephonic participation should be by speakerphone, such that the member participating telephonically can be heard by all those present at the meeting, including members of the public in attendance, and so that the member participating telephonically can hear all that is said by those present at the meeting.

As an example of a policy authorizing telephonic participation at meetings, see City of Bothell City Council Protocol Manual, §7.14 (scroll down). Note, however, that this policy is quite restrictive and does not authorize full participation in a meeting - it is limited to one agenda item only. As such, if the fire district board adopted a policy like this, a board member would not be entitled to the $90 compensation for this limited "attendance" at a board meeting.

See also the following rules allowing telephonic participation in meetings: