State lawmakers, thus far, have demonstrated little interest in following the will of the people when it comes to public records. After being rebuked by their constituents and the courts, legislators by now should be willing to follow state law and adhere to the principles of open government.
Washington’s Public Records Act was passed by voters in 1972, reinforcing the people’s desire for transparency that helps the public and the media hold state government accountable. That desire, however, sometimes seems to permeate lawmakers about as effectively as rain on concrete. Legislators as a group have routinely tried to exempt themselves from aspects of the law and to act as an oligarchy rather than a representative body.
Earlier this year, a Thurston County Superior Court judge rejected arguments that the Legislature should have special rights in withholding documents from the public. Among the items in question are lawmakers’ work-related emails and daily schedules, items that can be helpful in knowing who is exuding influence upon the business of the people.
Rather than take their medicine and follow the law, legislators undertook an outrageous attempt to change that law. They passed a bill that would exempt certain records from public scrutiny — an exemption that is not allowed for other officials such as agency heads, city councilors or county sheriffs. More than 20,000 citizens contacted the office of Gov. Jay Inslee urging him to veto the bill, which he rightly did. In exchange, legislators agreed to form a public/private task force to work out differences with the media coalition that took them to court regarding public records.
Lawmakers approved a work plan for the task force to meet in July or August, but the public still is waiting. The first meeting now is scheduled for Sept. 5. More important, the task force appears to be attempting to obfuscate the issue. Rather than directly face the relevant questions, members are trying a “look, over there!” ploy while hoping the public will become distracted.
According to The Seattle Times, proposed topics for the task-force meeting include only one fleeting reference to the public’s right to access information about government. It also includes items such as “separation of powers and the rights of constituents to privacy in sensitive communications,” “legislative privilege,” “the principles supporting exemptions from public disclosure” and “abusive requests.” Task force member Toby Nixon, president of the Washington Coalition for Open Government, said, “It really sounds like they just want to inform us how we’re wrong.”
The public is not wrong on this issue. It has the law, common sense, and the founding principles of representative democracy on its side. Meanwhile, it is worth noting that the House Republican Caucus chose Rep. Matt Shea of Spokane Valley as one of its representatives on the task force, and that Shea this past weekend referred to the media as “dirty, godless, hateful people.” It is difficult to believe the task force is taking its duties seriously when one of its members demonstrates contempt for those who work to hold government accountable.
Throughout their specious battle in defense of secrecy, lawmakers have violated their duties to the people and to the precepts of public service. It is time for them to follow the ruling of the court and the will of people while focusing upon the task at hand: Ensuring that lawmakers can be held accountable.
