Senate bill would name Washington agriculture whistleblowers

Are Washington farmers being bullied by anonymous informants who report suspected pollution to the state Department of Ecology, or do those tips allow people to report important concerns without fear of retaliation?

Farm industry officials think the former, and this week they urged lawmakers to support a bill banning the investigation of anonymous tips. The bill, SB 6551, was passed with bipartisan support by the Senate Agriculture, Water, and Rural Economic Development Committee this week.

“In this country, we have a right to face our accuser and that’s why I brought this bill forward,” said Sen. Judy Warnick, R-Moses Lake, at a hearing on the bill earlier this week.

But in cases where a pollution violation is issued, Ecology is the accuser, agency spokesman Kelly Susewind said at the hearing when he testified against the bill.

“There’s a long road between a complaint and an enforcement action,” he said. “We want citizens to be engaged and to help us identify pollution problems,” and fear of retaliation could “create a chilling effect.”

The agency’s tip line plays a major role in identifying suspected violations, Susewind said, because the agency doesn’t regularly inspect farms like it does other potential polluters.

“We’re concerned that this bill would create an obstacle to clean water,” he said.

The ability to report anonymously is important in communities where agriculture is a major employer, such as the Yakima Valley, said Jean Mendoza, an environmental advocate with the group Friends of Toppenish Creek.

“People can lose their jobs or their relatives can lose their jobs if they report not just pollution, but other issues. So many people are afraid to make waves,” Mendoza said.

Requiring tipsters to identify themselves would protect farmers from unfounded harassment, said Evan Sheffels, associate director of government relations for the Washington Farm Bureau, in a phone interview.

Anonymous complaints often come as traditional agricultural lands are developed and new neighbors raise concerns.

“It’s not about protecting producers who are violating the law, it’s about preventing them from feeling additional pressure to give up farming or ranching and sell out,” Sheffels said.

“We agree with Sen. Warnick that an anonymous complaint process is not in the best interest of farmers or of the state,” he said.

Warnick said at the hearing that she knew there would be concerns with the bill, but she wanted to have the discussion “about how the process works and who should be anonymous and who shouldn’t be.”

This story was originally published February 6, 2016 at 2:31 PM with the headline "Senate bill would name Washington agriculture whistleblowers."