Despite being hired by the public, too many Washington lawmakers hold themselves above their employers. Sen. Paul Harris, R-Vancouver, is one of the few who recognizes his duty to the people, and more legislators should follow his sense of obligation.
When Washington’s Public Records Act was passed with 72 percent of the vote in 1972, the law — and the premise behind it — was fairly simple.
“The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know,” the law reads. “The people insist on remaining informed so that they may maintain control over the instruments that they have created.”
Yet, as reported by The Seattle Times, many lawmakers invoke “legislative privilege” to keep the public in the dark. As the Times notes editorially: “House lawyers rooted around in the state Constitution and linked it to a provision that shields lawmakers from legal consequences for statements they make in debate.”
Elected officials use that provision to keep secret items such as their work-related emails and their work-related schedules. The result could be behind-the-scenes negotiations that impact public policy and are important to the public interest.
Last week, seven current and former lawmakers were honored by the Washington Coalition of Open Government for signing a pledge last year never to invoke that so-called privilege. Harris, who was a state representative at the time, was among those honored.
Because Harris long has been a responsive, straight-shooting legislator, his stance on the issue is not surprising. But many other lawmakers have embraced an arrogant position that violates their commitment to the public.
As The Columbian has written editorially in the past: “Effective and responsive government depends upon transparency. Lawmakers are beholden to the public, bereft of special dispensation that allows them to keep secrets from citizens.”
In other words, imagine if you ran a business and one of your employees tried to hide their work emails or who they had meetings with during work hours. As a supervisor, you would not stand for it; nor should the public when it comes to lawmakers.
But legislators in Washington and government officials at all levels – most notably the U.S. Supreme Court — have increasingly attempted to obfuscate their communications. When Washington’s Public Records Act was passed, 10 allowable exemptions were included; now, there are more than 500 exemptions, reflecting how lawmakers have gradually pulled a veil over government.
In its 2024 report, the Washington Coalition of Open Government ranked the Legislature among five problems plaguing government transparency. In an update, the organization wrote: “As we enter 2025, the erosion is even worse. Open government is under assault.”
The use of legislative privilege is being challenged in the courts with a pair of lawsuits. Superior court judges have upheld the right, but both suits are on appeal and might land in the state Supreme Court.
Legislators should not allow them to get that far. They should recognize their duty to their employers, erring on the side of transparency rather than pretending that their discussions are too important for the people to hear.
The people of Washington, after all, have made clear that public servants do not have the right to decide what is good for the public to know.
