Open-Government Blog

AZ Gov. Letter to President--Not a Public Record?

2012-01-27T06:49:00.000-08:00

Gov. Jan Brewer, a Republican, wrote a handwritten letter to President Obama on her gubernatorial letterhead. Apparently the letter is "feisty" (we don't care about the politics of the letter).

The USA Today story says:

"When The Arizona Republic requested a copy, Brewer's spokesman, Matthew Benson, said no copies existed and the letter was 'personal, handwritten' correspondence not subject to open-records laws."

To the credit of Gov. Brewer's staff, they released a copy when they found out a copy had been made.

Oh, come on. A governor in a political dispute with the President doesn't make a copy of a letter she gives the President? Really? No one made a copy? It seems that Gov. Brewer's staff "found" the copy only when people found it about the letter.

We run into this often where an agency claims it doesn't possess a record that common sense would indicate it would possess.

Hat tip to KMac for this story.

When The Arizona Republic requested a copy, Brewer's spokesman, Matthew Benson, said no copies existed and the letter was "personal, handwritten" correspondence not subject to open-records laws.

FBI Hiding FOIA Documents

2012-01-17T16:19:00.000-08:00

This explains a lot. It describes the FBI's apparent practice of "blacklisting" requested records and not providing them.

Hat tip to Jim for sending this to us.

SB 6351: Terrible, Terrible Bill

2012-01-17T13:17:00.001-08:00

Just as we predicted, government agencies would attempt to amend RCW 42.56.565, the statute allowing a court order to prevent an agency from responding to an inmate's public records request, and then apply it to ... any public records request.

They did it. They have introduced SB 6351.

That's right: requestors like you are just like inmates under this bill.

Attorney General Rob McKenna will hopefully oppose SB 6351.

Olympian Editorial on Need to Record Executive Sessions

2012-01-17T12:33:00.000-08:00

This editorial from The Olympian describes why the Legislature should pass SB 6109.

HB 2572: Requiring PRA and OPMA Training for State and Local Gov'ts

2012-01-17T12:28:00.000-08:00

This is a great idea.

State Auditor's Office Website on Local Gov't Finances

2012-01-17T12:16:00.000-08:00

Jason Mercier at the Washington Policy Center posts this about a new website provided by the State Auditor's Office to allow citizens to easily find out about the finances of local governments.

Very cool.

Columbian Editorial on Open Gov't in 2012 Legislative Session

2012-01-13T13:58:00.000-08:00

The (Vancouver) Columbian writes this editorial on the upcoming 2012 legislative session.

SB5355: Real Notice of Special Meetings

2012-01-10T16:19:00.000-08:00

Here's a good bill that might actually be getting some action in the Senate: SB 5355.

It requires notice of special meetings by, among other things, posting notice on the agency's web site.

HB 2340 to Prevent Disclosure of Records for "Commerical Purposes"

2012-01-10T14:04:00.000-08:00

HB 2340 is a bad bill. It prevents the disclosure of any public records that will be used for a "commercial purpose." You know, like reporters getting public records, reporting on government, and thereby selling newspapers.

Sigh.

SB 6109 to Exempt Executive Session Recordings

2012-01-10T13:56:00.000-08:00

Normally we're not huge fans of exemptions from disclosure here at og-blog.

This might be an exception. Senate Bill 6109 exempts video and audio recordings of closed-to-the-public executive sessions of otherwise open public meetings. This is so municipalities (and the few state agencies subject to the OPMA) will record them. Without this exemption those recordings are subject to disclosure.

But the saving grace of SB 6109 is that a municipality may waive the exemption. This would be done when, for example, an illegal executive session occurred. The recording would be the proof that something happened in the executive session that violated the Open Public Meetings Act. A majority of the municipality's governing body must authorize the waiver of the exemption, which probably wouldn't happen too often. But it could, theoretically, happen. This is better than the current situation in which no municipalities record their executive sessions.

Federal Court Rejects Texas Legislature's Claim of Legislative Privilege

2012-01-09T10:27:00.000-08:00

Interesting. Legislative privilege is sometimes used by the Washington House and Senate to withhold public records.

City of Seattle Sues Attorney Making Public Records Request

2012-01-05T10:27:00.000-08:00

The City of Seattle--not widely known as a haven of open government--sued an attorney who made a public records request. The City says that it is caught between two conflicting laws and wants court guidance on what to do. The attorney thinks its retaliation.

Port of Longview Admits Open Meetings Violation

2011-12-19T09:51:00.001-08:00

This article from The (Longview) Daily News describes an admitted OPMA violation by the Port of Longview.

Retiring Justice Alexander's Open-Gov't Record

2011-12-18T13:06:00.000-08:00

This piece by Karen Peterson at the Tacoma News-Tribune described retiring state Supreme Court Justice Gerry Alexander's record on open government.

Editorial on How Agency Is Reacting to Large Request

2011-11-22T11:51:00.000-08:00

This editorial from the Tri-City Herald describes how one large request is affecting an agency. Interesting.

Hat tip to Ramsey for this story.

Seattle Police Must Pay $129,000 in Public Records Act Case

2011-11-21T10:53:00.001-08:00

This comes from the Seattle Times.

Hat tip to John for sending this to us. How did we miss this?

DSHS Ordered to Pay $650,000 in Public Records Act Case

2011-11-21T09:43:00.000-08:00

Wow. The biggest judgment ever, as far as we know.

AP Study of Open Gov't In Other Countries

2011-11-20T07:33:00.001-08:00

A very interesting Associated Press piece on how other countries approach open government.

If you think the US is better than other countries, consider this from the article. When the AP made the same records request to various countries:

"Guatemala sent all documents in 10 days, and Turkey in seven. By comparison, Canada asked for a 200-day extension, and the FBI in the United States responded six months late with a single sheet with four dates, two words and a large blanked section."

VP Biden's Meeting on Open Gov't ... Is Closed to the Public

2011-11-17T08:19:00.000-08:00

Sigh.

Signatures of Bellingham Traffic Light Initiative Released

2011-11-07T11:36:00.000-08:00

The Bellingham Herald reports on the release of signers of a local initiative concerning traffic lights.

"How To Obtain Public Records" Now Available

2011-11-01T12:03:00.000-07:00

The Washington Coalition for Open Government continues its excellent work with its guide, "How to Obtain Public Records" from state and local agencies.

You can click on the name of the agency from which you are seeking records and find that agency's answers to a WCOG survey on how that agency provides records, including how to send in a request to that agency.

Quorum of Port Commissioners Go on Trip ... And Don't Talk About Agency Business

2011-11-01T10:53:00.000-07:00

This article from the Walla Walla Union-Bulletin discusses the problem of a quorum of a public body going on a trip (in this case, to Arizona). They cannot discuss agency business or it would be a violation of the Open Public Meetings Act.

It's possible that they did not discuss agency business, as they assert, but it undermines the public's trust in them by having to believe that they spent days together and never talked about the one thing they have in common: agency business.

NOTE: The story quotes Greg Overstreet of Allied Law Group.

Public Records Show ... Parking Tickets Get Fixed

2011-10-25T15:19:00.000-07:00

A New York newspaper had to sue to get records about parking tickets that got "fixed."

After going to the Court of Appeals, the newspaper got its attorney fees reimbursed.

This is what it takes to expose corruption. It's also why awarding attorney fees is so vital.

Proposed FOIA Rule Would Let Gov't Claim Records Don't Exist ... When They Do Exist

2011-10-24T13:37:00.001-07:00

Sigh.

This is one of the reasons why FOIA is so much worse than Washington state's Public Records Act.

P.S. The Obama administration--the transparency people--are the ones proposing this hideous rule.

Hat tip to Jim for sending this story.

Op-Ed on Seattle Police Records

2011-10-17T17:21:00.001-07:00

Prof. Tomas Guillen writes this op-ed in the Seattle Times on the Seattle Police Department's public records practices regarding incident reports.

Dep't of Licensing Hiding Records on State Cash to Tribes

2011-10-11T10:41:00.000-07:00

The Washington State Wire writes this story on how the Department of Licensing is withholding documents about how much state money Indian tribes receive from distributions of gas taxes.

FOIA Challenges up 27%

2011-10-04T12:42:00.000-07:00

This is interesting from the FOIA Project. Court challenges to obtain documents from federal agencies under FOIA are up 27%.

Wasn't the Obama Administration going to be so much more transparent than the previous administration?

Hat tip to Jim for sending this story.

Public Records Show ... Alleged Corruption of Rainier Nat'l Parks

2011-10-03T08:40:00.000-07:00

The Seattle Times reports on a fishy land deal between the official running Mt. Rainier National Park and a vendor.

How do we know about this? You guessed it:

"Details of the questionable land deal came to light only recently — through Seattle Times federal public-records requests in 2010 that eventually produced several hundred pages of redacted documents."

News Stories on Big Neighborhood Alliance Court Victory

2011-09-30T13:51:00.000-07:00

The Seattle Times writes this story.

NOTE: The Seattle Times story quotes Michele Earl-Hubbard of Allied Law Group, who filed an amicus curiae ("friend of the court") brief in the case on behalf of the records requestor.

The Spokesman-Review writes this.

The Bellingham Herald writes this.

Neighborhood Alliance: Big Win for Open Gov't

2011-09-29T12:38:00.001-07:00

The state Supreme Court decided the Neighborhood Alliance case today. We're still digesting the full meaning of the case, but it's good.

Sargent v. Seattle Police Dep't: New PRA Case

2011-09-21T11:27:00.000-07:00

A pretty significant Public Records Act case was decided by the Court of Appeals.

NOTE: Greg Overstreet of Allied Law Group was co-counsel for the requestor.

Here is how the court summarized the holding:
_____________

This case is brought under the Public Records Act (PRA), chapter 42.56 RCW. The chief issue is whether a request for public records has indefinite effect, such that after an agency has responded to a request, it must monitor the status of all records within the request and disclose any that later become subject to disclosure. We must also decide whether the categorical exemption for records of an open and active law enforcement investigation terminated at the point of the last witness interview; whether the open and active investigation exemption applies to internal police disciplinary records; whether certain redactions to the disclosures
made here were justified; and what penalties and fees are appropriate.

We hold that there is no standing request under the PRA. We also hold the
statutory exemption for records of an open and active law enforcement investigation
does not end with the final witness interview; the open and active exemption applies
to police disciplinary investigation records; certain redactions from the records were
not justified; the statutory maximum penalty is not appropriate where there is no
showing of gross negligence, bad faith, or other improper conduct; and Sargent’s fees
were improperly limited.

We affirm in part, reverse in part, and remand for further proceedings
consistent with this opinion.

____________

KOMO TV Sues Seattle Police Department Over Access to Dash Cam Video

2011-09-20T09:13:00.001-07:00

Bravo, KOMO.

This is exactly what news organizations need to do. More often. The government agencies withholding public records know that you don't sue very much. They count on it.

Good for you.

More Bad News from the "Open Gov't" Obama Administration

2011-09-19T07:57:00.000-07:00

The New York Times reports that the Obama administration has taken down a public database of problem physicians nationwide. The database had been available since 1986.

Hat tip to a friend of og-blog for sending this story to us.

State Auditor Brian Sonntag to Retire after 2012

2011-09-12T13:09:00.000-07:00

Wow. The open government community is losing a very, very serious ally.

Enjoy your retirement, Brian. You've earned it.

Wash. Coalition for Open Gov't Award Goes to Sen. Honeyford

2011-09-12T13:07:00.001-07:00

The Washington Coalition for Open Government announced Sen. Jim Honeyford received a Key Award this year. Congratulations.

Court Rules on Electronic Records Issue

2011-09-07T14:00:00.001-07:00

The Mitchell decision came out today. Here is the court's synopsis of the case:

Kevin Mitchell made a Public Records Act (PRA) request to the
Washington Department of Corrections (DOC) and asked for the requested records to be
disclosed electronically. The DOC responded that it would not disclose the records electronically
because redactions would be necessary to protect information that was exempt from disclosure.
Mitchell filed suit claiming that the agency (1) improperly denied access to records without
providing an exemption statement, and (2) was required to disclose the records electronically.
The trial court ruled in favor of the DOC on both claims. We reverse and remand to the trial
court on Mitchell’s first claim, holding that the DOC violated the PRA by failing to provide an
exemption statement with its response denying access to the records in part. We affirm on
Mitchell’s second claim, holding that the DOC was not required to disclose the records
electronically. We award attorney fees on appeal to Mitchell for that portion attributable to theclaim on which he prevailed.

Olympian Editorial on Sunshine Committee

2011-08-28T10:17:00.000-07:00

This editorial from The Olympian describes the probable demise of the Sunshine Committee. Gov. Gregoire, on behalf of local government, appointed anti-openness members and doomed the Sunshine Committee from the beginning.

NOTE: The editorial quotes Greg Overstreet of Allied Law Group.

Executive Privilege Case

2011-08-23T13:46:00.000-07:00

The Freedom Foundation has sued Gov. Gregoire to obtain records withheld by the Governor's Office on "executive privilege" grounds. This case will set the parameters of "executive privilege."

The (Everett) Herald writes an editorial describing why the records need to be turned over.

This piece from Karen Peterson, Executive Editor of The (Tacoma) News Tribune, similarly describes the danger of a governor having the ability to make records secret.

West v. Dep't of Nat. Resources--New Public Records Act Case

2011-08-23T11:45:00.001-07:00

Here is the case.

Here is the summary provided by the court of the holding:

"Arthur West appeals from a trial court order that the Washington
State Department of Natural Resources (DNR) did not violate the Public Records Act (PRA). ch.
42.56 RCW. West seeks penalties for untimely disclosure and destruction of documents, an
injunction to prevent further destruction of records, and an order authorizing forensic recovery.
West argues that the DNR violated the PRA by (1) not responding to his request in five business
days, (2) destroying and/or delaying production of the public record emails of its chief financial
officer, (3) failing to search diligently for the emails, and (4) improperly exempting documents
from production as either attorney work product or attorney-client privileged. West also argues
that all of the trial court’s findings lack substantial evidence. Holding that the DNR violated the
PRA by not responding to West’s request within five business days, we reverse and remand in part."

Sunshine Committee Might Be Eliminated

2011-08-22T16:35:00.001-07:00

The Olympian reports that the Sunshine Committee's lack of action--because, in og-blog's opinion, the government representatives on the panel have stymied action--might mean that the committee is defunded.

Supreme Court Ruling in (Kim) Koenig v. City of Bainbridge Island

2011-08-18T13:42:00.000-07:00

This Seattle Times story describes a ruling on the disclosure of investigations of police officers.

Here is the Supreme Court majority opinion. The concurrence/dissent is here. it is a must-read.

Note: Michele Earl-Hubbard and Chris Roslaniec of Allied Law Group filed a "friend of the court" brief in this case arguing for disclosure.

Kim Bradford on Access to Birth Records

2011-08-18T08:05:00.000-07:00

This is worth reading.

Medina Sued Over Public Records

2011-08-12T11:05:00.000-07:00

The Seattle Weekly has this blog piece on two recent Public Records Act suits against the City of Medina to obtain a report about the firing of a police chief. The former chief and a city council member are bringing the suits.

NOTE: Greg Overstreet and Chris Roslaniec of Allied Law Group represent one of the requestors, Council member Shawn Whitney.

King County Pays $125,000 to Settle Public Records Case

2011-08-09T14:19:00.000-07:00

The Seattle Times reports that King County is settling a Public Records Act case--with some interesting facts--for $125,000.

TNT Editorial on WSDOT Records Request for Viaduct Records

2011-08-08T09:49:00.000-07:00

This editorial describes what happens all the time.

Congress Might Undo Milner FOIA Ruling

2011-08-02T14:52:00.000-07:00

The House of Representatives has voted to exempt from disclosure the information at issue in the recent Milner victory in the U.S. Supreme Court. That case came from Kitsap County.

Tip of the hat to Ramsey Ramerman for pointing out this story.

Open Courts Victory

2011-07-15T09:57:00.001-07:00

The Washington Supreme Court handed down its decision in In Re DFF. They held that involuntary mental health commitment proceedings cannot be secret. Think of the mischief that could happen if it were otherwise.

NOTE: Michele Earl-Hubbard and Chris Roslaniec of Allied Law Group filed a "friend of the court" brief urging openness.

OG-Pod (Open Government Podcast) Is On the Air!

2011-07-11T11:09:00.000-07:00

We are very happy to announce the arrival of OG-Pod. It is hosted by Mike Reitz of the Freedom Foundation and Greg Overstreet of Allied Law Group.

Here is the OG-Pod web site. You can subscribe to OG-Pod on iTunes. Very convenient. You can also follow OG-Pod on Facebook.

Listen in and you can hear Greg's golden smooth radio voice.

P.S. Here is a short piece from The Olympian editorial page on OG-Pod's debut (scroll down).

Mercer Island Fined Over $90,000 for Withholding Public Records

2011-07-11T10:40:00.000-07:00

The Seattle Times reports on a federal ruling against the City of Mercer Island awarding $90,560 to a records requestor for the City's "negligent, reckless, wanton or intentional noncompliance" with the state Public Records Act.

This is one of the largest penalty awards in the history of the Public Records Act. Usually penalty awards go toward the attorney fees a prevailing requestor is not awarded. That is, penalties usually reduce the losses a requestor has from not obtaining all of his or her attorney fees. (So much for the idea that Public Records Act penalties are a "windfall" for requestors.) This case, after all, took years of litigation in federal court, which isn't cheap.

More on Baby Einstein Case Against UW

2011-07-05T16:02:00.000-07:00

This story from Courthouse News Service describes the Baby Einstein Public Records Act case and includes links to documents.

NOTE: Greg Overstreet of Allied Law Group was co-counsel for the requestor.

UW Settles Public Records Act Case Over Baby Einstein Study

2011-06-30T16:15:00.000-07:00

The Seattle Times reports that the UW settled a Public Records Act case seeking access to the UW data used to call into question the effectiveness of the Baby Einstein children's educational products. The Baby Einstein creators, who wondered why the UW study said their product was bad, asked for the UW's study data. How hard could it be to provide the data in a scientific study?

Pretty hard, apparently. After several years and 18 months of vigorous litigation, the UW finally turned over the study data. However, it looks like the UW has multiple versions of the data, which is not exactly the scientific method. Serious questions have been raised about the UW's anti-Baby Einstein study.

NOTE: Greg Overstreet of Allied Law Group was co-counsel for the records requestors in this case.

Puyallup and Small-Group Closed Meetings

2011-06-29T14:36:00.001-07:00

This editorial from The (Tacoma) News Tribune looks at the issue of small-group closed meetings. That's where less than a quorum of a governing body meets with key staff. And then another group of the governing body does so. And so on. Pretty soon, the whole governing body knows how they want to vote, and they quickly do so in an open meeting. Magic.

Tri-City Herald Editorial on "Executive Privilege" Ruling

2011-06-29T14:29:00.000-07:00

This editorial from the Tri-City Herald discusses the recent ruling by a Thurston County Superior Court that the Governor has an "executive privilege" to withhold certain public records.

Richland May Have Violated the Open Public Meetings Act

2011-06-29T14:24:00.000-07:00

This story from the Tri-City Herald describes what an OPMA violation looks like.

City Council Meeting (In Small Groups) With City Manager

2011-06-24T16:02:00.001-07:00

The age-old issue of sub-quorum groups of a governing body meeting with high-level agency staff. This time it's in Puyallup.

Lower Courts Uphold Governor's "Executive Privilege" to Withhold Documents

2011-06-22T12:50:00.000-07:00

This will go to the state Supreme Court for sure. But two lower courts have ruled against disclosure.

Seattle Files Suit to Allow Disclosure of Disciplined Police Officers' Names

2011-06-21T13:50:00.000-07:00

The City of Seattle, not known as a paragon of open government, has filed suit to overturn a labor arbitrator's ruling that the City's union contract prevents the release of names of police officers who have been disciplined.

The arbitrator's ruling will be overturned. People cannot enter into contracts to violate a law and then say, "I would follow the law, but that means I would break my contract. So, sorry. I can't follow the law."

The City of Seattle is doing the right thing. (It felt weird to write that.)

The Story of Getting Public Records

2011-06-03T11:27:00.000-07:00

The (Everett) Herald writes this on their efforts to obtain public records in a criminal case.

Public Records Show ... Number of Federal Limos Soars

2011-05-31T09:49:00.000-07:00

From public records, we learn that there has been a 73% increase in the number of federal limousines purchased by the federal government since President Obama took office.

No Hearings on State Budget

2011-05-24T08:42:00.000-07:00

Sigh.

Example of Why Open Meetings Matter

2011-05-23T10:11:00.000-07:00

Peter Callaghan at The (Tacoma) News Tribune writes this piece on a controversy about digital billboards in Tacoma and open meetings.

2011-05-20T10:50:00.000-07:00

Here is a piece from Peter Callaghan of The (Tacoma) News Tribune about a decision to move the location of an open meeting--a decision apparently not made in an open meeting.

"Open-records law violators now face fines as low as $0"

2011-05-20T10:07:00.001-07:00

Here is a blog piece by Scott North of The (Everett) Herald regarding the $0 penalty. Very nicely done. The title of the piece says it all.

Medical Pot Bill Has Public Records Exemption

2011-05-11T12:33:00.000-07:00

Sigh. Why do so many pieces of legislation have secrecy clauses in them?

SB 5955 is about medical marijuana. However, the bill has a provision making the names of medical marijuana providers exempt from disclosure under the Public Records Act.

Is there some concern that medical marijuana providers will be burned out of their clinics by mobs of violent anti-pot crusaders? We've never actually seen any.

It is vital for the public, especially the media, to be able to know who medical marijuana providers are to see if they are legitimate or rather just selling marijuana without regard to medical condition.

The bill is now being considered in committee.

Armageddon Averted: Public Records Act Penalties Now As Low As $0

2011-05-06T06:18:00.000-07:00

(Pardon the sarcasm, but some things are so absurd that there is no other way to communicate them.)

A financial melt down of state and local government has been averted.

The local government lobby and Attorney General Rob McKenna finally got what they said would prevent the world from ending: a possible $0 Public Records Act daily penalty instead of the whopping $5 daily penalty usually assessed against them. No more defaulting on municipal bonds as a result of public records penalties. Whew.

HB 1899 was signed into law by Gov. Gregoire, another staunch supporter of open government. Here is the Seattle Times story on it. And a Bellingham Herald piece on it.

Now the government lobby should no longer have any reason to complain about the Public Records Act destroying civilization.

By the way, HB 1899 passed out of the House without a hearing on its merits. More excellent law making. Here is what Jason Mercier from the Washington Policy Center had to say about it, with a hat tip to the Center for Justice:

_______

For the rest of the story on HB 1899: http://cforjustice.org/2011/03/08/sorry-about-that/

As the executive session ended, the Committee’s chairman, Democrat Sam Hunt from Thurston County, appeared confused. After a long pause in which he conferred with a staff person, Hunt apologetically announced: “House bill 1899 has not had a hearing, so if somebody wants to testify on 1899, you will get the option to do it in a backwards fashion, after we voted the bill out of committee and if one convinces us, we can always reconsider and re-vote on it. Sorry about that.”

Here is the TVW of the exchange:

http://www.tvw.org/media/mediaplayer.cfm?evid=2011021211&TYPE=V&CFID=2523790&CFTOKEN=72035026&bhcp=1

Starts at 56:20 with staff informing him they didn’t hold a hearing before passing.

Fabulous TNT Editorial on Public Records Hutzpah

2011-05-04T09:05:00.001-07:00

The Yiddish word "hutzpah" describes the gall of someone who, for example, murders their parents and then begs for mercy from a judge because they are an orphan. Hutzpah is using a self-inflicted problem to try and get out of the consequences of it.

The (Tacoma) News Tribune perfectly describes the public records version of hutzpah in this editorial.

Public officials who really dislike transparency will often complain how much time and money it costs them to provide public records. (Well, first of all, providing public records is part of their job and we pay lots of money for them to do it. But anyway.)

The hutzpah is when the complaining officials themselves are the very reason there are so many requests to begin with. They do various questionable things that legitimately raise questions among the public--then when the officials receive public records requests to find out what they're up to, they complain about getting the requests. They should look at their own actions and see if maybe that has something to do with all the requests.

This TNT editorial describes this phenomenon as it relates to the Pierce County Assessor-Treasurer Dale Washam. A magnificent editorial.

Public Records Show ... County Assessor-Treasurer Attempted to Oust Employee While Denying Doing So

2011-04-25T06:18:00.000-07:00

"Newly disclosed records and emails reveal a fourth investigation critical of Pierce County Assessor-Treasurer Dale Washam and indicate he worked in private to oust a high-level employee while publicly claiming he was doing no such thing." So reports The (Tacoma) News Tribune.

How do we know this? " The News Tribune recently obtained records of the investigation via public disclosure."

Prison Surveillance Tapes Can Be Withheld

2011-04-19T09:53:00.000-07:00

The Court of Appeals ruled that the Department of Corrections can withhold prison surveillance tapes because they are law enforcement investigative records.

Legislature Won't Provide Records on Hasty Resignation

2011-04-15T10:49:00.001-07:00

Why did Rep. Jacks suddenly resign from the Legislature? The Legislature won't provide the records about it.

TNT Blog Piece on Penalty Bill

2011-04-14T14:15:00.000-07:00

Kim Bradford at The (Tacoma) News Tribune writes this blog piece on the penalty bill.

TNT Editorial on Penalties Bill

2011-04-13T10:58:00.001-07:00

This editorial from The (Tacoma) News Tribune says it all.

Tri-City Herald Editorial on Homeland Security FOIA

2011-03-31T11:35:00.000-07:00

The Tri-City Herald writes this editorial on the Department of Homeland Security's past practice of letting political appointees review FOIA requests and, apparently, involving them in the responses.

Op-Ed on Legislative Transparency

2011-03-30T15:50:00.000-07:00

Jason Mericer of the Washington Policy Center writes this op-ed in the Seattle Times on the Legislature's woeful lack of transparency.

Important Public Records Act Ruling: City of Lakewood v. Koenig

2011-03-29T10:34:00.000-07:00

The City of Lakewood sent aggressive (intimidating?) discovery requests to a public records requestor. The Court of Appeals said that wasn't OK. NOTE: Michele Earl-Hubbard and Chris Roslaniec of Allied Law Group filed an amicus curiae ("friend of the court") brief in support of the requestor.

Walla Walla Union-Bulletin Editorial on Legislative Transparency

2011-03-29T09:49:00.000-07:00

The Walla Walla Union Bulletin had this editorial on the Legislature's terribly habit of passing "title only" bills. They are bills that have no text, just a title (like "An act relating to public records disclosure"). Then, after some deal is cut in a back room, the Legislature "amends" the title only bill to add the text of the law the people in the back room decided to pass. No public input, no hearings, no time to consider alternatives.

"Political Meddling" in Delays of DHS Records

2011-03-28T15:00:00.001-07:00

This is interesting.

Large "Anonymous" Request

2011-03-28T06:11:00.001-07:00

The Spokesman-Review has this piece on a large "anonymous" request to the Spokane County Assessor.

NOTE: The story quotes Greg Overstreet of Allied Law Group.

Local Gov't Objects to 72-Hour Notice Requirement for Public Meeting Agendas

2011-03-25T07:17:00.000-07:00

Jason Mercier at the Washington Policy Center has this update on SB 5553, a bill to require agendas of public meetings to be posted in advance (so the public can know what's going to happen at the meeting).

Based on the House committee Chair's comment, SB 5553, which passed 48-1 in the Senate, will not get out of committee in the house.

Here is the video of the hearing. Local government's opposition to the 72-hour requirement is at the 54:06 mark.

Columbian Article on Big Requests

2011-03-24T15:26:00.000-07:00

This piece from The (Vancouver) Columbian examines the problem of a large records request.

The people give state and local government enormous powers and billions of dollars. Spending thousands of dollars responding to an occasional large request is part of the deal. If you don't want the billions, we'll let you keep the thousands ...

Legislative Secrecy: Title Only Bills

2011-03-24T15:20:00.000-07:00

The Legislature has a terrible habit of introducing "title only" bills. They just have the title of a bill (like "An act relating to ...") but no actual text. This allows deals to be cut behind closed doors and text to be added to the bill at the last minute. Literally, the last minute. So no one--neither the public nor the minority party--can read it before it's passed.

The Washington Policy Center's Jason Mercier describes why this is a bad way to pass the "people's" laws because it allows the Legislature to do what they want without the "people" getting any say in it.

Columbian Editorial on Vancouver's New Open Meeting Rules

2011-03-23T10:42:00.001-07:00

This editorial from The (Vancouver) Columbian describes a new rule adopted by the Vancouver City Council on public comments at open meetings.

Oregon Launches Open Gov't Web Site

2011-03-23T10:38:00.001-07:00

The State of Oregon has created a web site that it claims allows citizens to see some public records without requesting them.

We've always said that the "burdens" of responding to some public records requests can be alleviated by posting commonly requested records on line.

Bill Requiring Agencies to Post Agendas Passes Senate

2011-03-22T13:44:00.000-07:00

This piece from the pro-agency Local Open Government Blog describes SSB 5553 which requires agencies to post agendas and minutes of public meetings online. The Local Open Government Blog raises concerns about the bill.

We think the bill is great. You should contact your House representative and urge passage of SSB 5553.

KING 5 Piece "Does Gov't Spend Too Much Time Disclosing Records?"

2011-03-21T13:45:00.000-07:00

This is interesting.

U.S. Supreme Court Lets Lower Ruling Stand Requiring Disclosure of Bank Bailout Records

2011-03-21T13:39:00.000-07:00

We can now see how hundreds of billions of our dollars were utilized.

Sunshine Week: Wrap Up

2011-03-21T06:04:00.000-07:00

Here are some pieces from the end of Sunshine Week:

A column by Karen Peterson of The (Tacoma) News Tribune.

An op-ed piece by State Auditor Sonntag and Attorney General McKenna in the Tri-City Herald.

Sunshine Week: Thursday

2011-03-18T09:27:00.001-07:00

A piece from yesterday and today:

The Olympian editorial on some bright spots and concerns about recent bills.

Sunshine Week: Wednesday

2011-03-16T10:45:00.000-07:00

Here are the pieces on Sunshine week from yesterday and today:

The Washington Post reports that President Obama is receiving an open-government award despite his administration's mixed (some say, poor) record.
An editorial from The (Vancouver) Columbian on Sunshine Week.
A Seattle Times piece on a Sunshine Week forum in Seattle.

Sunshine Week: Tuesday

2011-03-15T13:08:00.000-07:00

Here are some items from today and yesterday:

Olympian piece on Sunshine Week
Washington Coalition for Open Government's award of a Key Award to Gloria Howell, who used public records to uncover alleged corruption by a county official

Sunshine Week

2011-03-14T09:09:00.000-07:00

It's that time of year. Sunshine week is this week.

It's a national effort. We'll have lots of things up on og-blog this week.

Articles, Editorials, and Op-Eds

2011-03-14T08:11:00.000-07:00

Here are the pieces from today and this weekend:

AP piece on the horrible bills in the Legislature this year.
Jason Mercier's op-ed in the Bellingham Herald and the Wenatchee World on legislative transparency. Here is Mercier's model language for a solution to the problem.
Tri-City Herald story on the town of Mesa, nearly bankrupted because of its flagrant Public Records Act violations.
Kitsap Sun editorial on the U.S. Supreme Court's decision in a FOIA case involving records in Kitsap County.
Yakima Herald-Republic editorial on Sunshine Week.
The (Everett) Herald editorial on legislative transparency and Sunshine Week.
AP piece on President Obama's failure to deliver on promises of more openness in the federal government.

Public Records Show ... School Bus Driver Accused of Past Violence Against Children

2011-03-10T11:12:00.000-08:00

The (Everett) Herald has this story, which could only be presented because of access to public records.

Kelso Pays $3,336 to Prisoner for Public Records Violation

2011-03-09T10:16:00.000-08:00

The (Longview) Daily News reports that a prisoner, who made numerous records requests to the City of Kelso but didn't receive any response, has settled a Public Records Act suit for $3,336.

Before you say, "Prisoners shouldn't get public records let alone $3,336," look at the records he requested. They related to his arrest. If people can't find get records about their own arrest, we're all worse off.

! Big Win in U.S. Supreme Court for Washington State Records Requestor !

2011-03-07T09:46:00.001-08:00

Milner v. U.S. Dep't of Navy is out. This is great. The government's attempted misuse of FOIA here was preposterous.

Kudos to Seattle attorney Kathy George for working on this.

Clark County Open Meetings Question

2011-03-07T09:22:00.000-08:00

The (Vancouver) Columbian reports on a meeting of two out of three Clark County Commissioners had with Congressmen concerning a transportation project.

The County says that there was no violation of the Open Public Meetings Act because they didn't transact County business. Well, all they need to do is "discuss" County business and it's a meeting subject to the Open Public Meetings Act. Did those Congressmen have a meeting to talk about the weather?

State Auditor's Office Puts Public Records Online

2011-03-07T09:17:00.000-08:00

It can be done! Public records available without even asking for them, and without the agency having to spend it's time and money finding them.

The State Auditor's Office is doing so. They are putting up commonly asked for records such as the Seattle Public School District audit.

Spokesman-Review Editorial on Opening Up Congressional Research Service Records

2011-03-07T08:57:00.000-08:00

The Spokesman-Review writes this editorial about Congressional Research Service records. They are currently exempt from FOIA.

Yakima Herald-Republic Editorial on Legislative Transparency

2011-03-02T08:55:00.000-08:00

The Yakima Herald-Republic writes this editorial on the lack of transparency in the Washington Legislature.

City of Vancouver Considering Curbs on Public Testimony at City Council Meetings

2011-02-28T09:21:00.000-08:00

The (Vancouver) Columbian has this article on the City of Vancouver's attempts to limit citizen comment at public meetings.

Public Records Show ... County Assessor-Treasurer Resisted Investigation

2011-02-28T06:17:00.000-08:00

The (Tacoma) News Tribune has this story on the efforts of the Pierce County Assessor-Treasurer to resist an investigation.

How do we know this? Public records.