Court: Paper Records Just Fine

Lawsuit Sought Electronic Database

"A Thurston County judge said Friday that state public-­disclosure laws do not require Washington government agencies to release information in electronic form if the material is offered on paper."

http://www.theolympian.com/southsound/story/149839.html

Gas Companies Seek to Block Release of Pipeline Data

"A coalition of energy companies asked the state Court of Appeals on Friday to block the release of information that regulators collect about oil and natural gas pipelines in Washington.
The gas companies are appealing a Thurston County judge’s ruling to release the information, arguing that it would make their 22,000 miles of underground pipeline systems vulnerable to terrorist attacks or vandalism. The newspapers that are asking for the information say it’s a matter of public interest, especially following the 1999 pipeline explosion in Bellingham that killed an 18-year-old man and two boys."

http://www.thenewstribune.com/news/updates/story/99551.html

School Board Sought Legal Advice on Secret Vote

"Two days after the Tacoma School Board voted in closed session on Superintendent Charlie Milligan’s review in March, district officials sought outside legal advice, recently released documents show. Milligan and members of the board – who now are negotiating his departure – spent a total of 3.7 hours in conversation with Valerie Hughes of the Perkins Coie law firm in Seattle on March 20 and 21, an invoice shows. The bill for her services: $1,369."

http://www.thenewstribune.com/news/local/story/97962.html

Yet another example of information coming to light via the Public Records Act.

A new law involves the disclosure of agency legal invoices like the Tacoma School District's. House Bill 1897 , which passed in the 2007 legislative session, clarifies that the law always required the disclosure of most portions of an agency's legal invoice. The new goes into effect on July 22, 2007.

Port of Seattle Taping Executive Sessions--Are the Tapes Disclosable?

The Port of Seattle proposes a novel open-meetings policy: "'All executive sessions shall have minutes taken in the form of an electronic recording to be held in confidence by the port's General Counsel'" but later adds "'except legal issues discussed with the port counsel present.'"

http://seattlepi.nwsource.com/local/321619_executive28.html

Here's the problem the Port faces. Government records such as the tape are presumed to be open to the public. Gray areas in definitions are interpreted by a court in favor of disclosure; that is, the tie-breaker goes to the records requestor. "Minutes" of a closed executive session can be withheld. But "minutes" mean the written summary of the meeting--a tape of the whole meeting seems different than mere "minutes." Furthermore, the Legislature is very good at meticulously detailing exactly what it means, so when it said "minutes"--but not "tapes"--can be withheld it must have meant something. And the tie-breaker in this debate goes to the records requestor.

As for the Port's apparent attempt to shield the tapes from public disclosure solely because they are kept in the Port attorney's office, good luck. The P-I story above quotes Allied Law Group's Greg Overstreet on this. He describes the "potted plant" doctrine, which provides that an attorney merely sitting in a meeting like a potted plant cannot turn conversations into nondisclosable privileged communications. There is much more to the attorney-client privilege than the mere presence of an attorney.

School District Expected to Release Tape Detailing Open Meetings Violation

"The St. Charles [Illinois] school board has agreed to release to the public and media a tape recording of a 2005 closed session meeting that officials say proves the board willfully broke the law. ... Officials have said the closed-session discussion in 2005 centered on a contract extension for now-outgoing Superintendent Barbara Erwin."


http://www.dailyherald.com/story.asp?id=326556


What a great idea: taping closed executive sessions of public meetings can prove violations and (far more importantly) deter many, many more. Attorney General Rob McKenna (R) and State Auditor Brian Sonntag (D) will be jointly requesting a taping bill in the 2008 legislative session. Auditor Sonntag proposed this same bill in the 2001 legislative session but local government argued--get this--that requiring taping was an "unfunded mandated" which would presumably bankrupt local governments. A small digital recorder costs about $59. The saddest part about this argument is ... it worked, at least in 2001. But we think things will be different in 2008.

Investigation of Possible Voter Fraud Brought to Light by Public Records

"Prosecutors in King County are looking at possible criminal charges related to a voter-registration drive held in 2006, echoing the suspicions of impropriety raised during the razor-close gubernatorial election of 2004." Emails from elections officials discussed the need for an investigation. "The e-mails came to light after a records request by the Building Industry Association of Washington. BIAW posted some of the e-mails on its Web site."

http://seattletimes.nwsource.com/html/localnews/2003760004_webvoterfraud23.html?syndication=rss

Good for BIAW. Often maligned as too "conservative," BIAW does some of the best investigative work around--and usually via the Public Records Act. (Uncovering wrongdoing by the status quo government establishment is hardly "conservative," but that's a discussion for a different day.) Many in government want to weaken the Public Records Act. Ever wonder why?