Print
Email Story
HB 1139/ SB 5062: Mandate talk before lawsuit is filed
-- Pro: The "meet and confer" bill would require the agency and requester to discuss a conflict before a lawsuit is filed and help settle issues out of court, said Victoria Lincoln, Association of Washington Cities legislative and policy advocate.
-- Con: Requesters already try to talk to agencies to get records without going to court, said Greg Overstreet, a former assistant attorney general who works on open government issues for Seattle's Allied Law Group. Having discussion be a requirement could be problematic with time-sensitive document requests.
-- Status: In House and Senate committees
HB 1139/SB 5062: Fixing mistakes means no penalty
-- Pro: The Attorney General's Office's "notice and cure" bill would require requesters to give notice before suing. The agency would have 21 days to fix honest mistakes to avoid being liable for a fine, said Christina Beusch, state deputy attorney general.
-- Con: Rowland Thompson, executive director of Allied Daily Newspapers, said support for the bill is fading. He said Superior Court judges he's talked to aren't interested in "meet and confer," but want total discretion on penalties.
-- Status: In House and Senate committees
HB 1044/SB 5237: A new way to appeal
-- Pro: A three-year pilot program in which the state's Office of Administrative Hearing would hear public records cases could provide an alternative to lawsuits, said Tim Ford, state Attorney General's Office open government ombudsman. Cities and counties could contract the office to handle cases and requesters could appeal to the office instead of filing suit, he said. The program wouldn't award penalties, and it wouldn't prevent requesters from filing suit, Ford said.
-- Con: While the idea could help citizens resolve records conflicts when they lack money to sue, Overstreet said the bill has been so gutted by the state's fiscal woes that it wouldn't work.
-- Status: In House and Senate committees
HB 1034/SB 5025: Deny inmates awards in lawsuits
-- Pro: The bill would allow inmates to receive requested public information, but would prevent them from profiting from the act. Rep. Brad Klippert, R-Kennewick, said there are more important things for cities to spend money on than lawyers and fees for public records lawsuits.
-- Con: Thompson said the idea may have merit, but trying to stop a judge from awarding a penalty is problematic. "That's a judge's decision. I really don't know how to respond to the bill," he said.
-- Status: In a House committee and waiting to be scheduled for a full Senate vote.
