Court says legislators must release public records. About time they worked in the light | Editorial
Thanks to a recent court ruling, state lawmakers who believed Washington state’s Public Records Act didn’t apply to them will have to learn how to comply with it in the upcoming legislative session.
It’s about time.
For too long, legislators found ways to wriggle out of adhering to the transparency law that voters approved in 1972. They hid behind a loophole they claimed exempted them from fulfilling certain document requests.
But last month the Washington State Supreme Court affirmed in a 7-2 decision that individual legislators must adhere to the state Public Records Act just like other public officials.
This shoots down the argument that members of the House and Senate are in a unique position, and therefore exempt from the same open record law that apply to city council members, county commissioners and heads of state agencies — even the state attorney general.
The ruling is a big win for the people.
The public has a right to know how their elected leaders are making decisions, and who they are talking to and what groups are influencing them.
Yet for years, legislators — as a group — embraced secrecy rather than transparency.
Led by the Associated Press, several Washington news organizations, including the Tri-City Herald, filed a lawsuit in 2017 claiming state legislators should be held to the same disclosure laws as other elected officials.
In response, legislators pushed through a bill the following year that would have excluded them from the Public Records Act. The move was so egregious it sparked a massive, public outrage.
Citizens unleashed a barrage of phone calls, emails and even hand written notes urging Gov. Jay Inslee to veto the bill. The negative reaction was incredible. At least 20,000 citizens complained.
In the end, state lawmakers said they realized they made a mistake and asked Inslee to veto the bill — which he did.
Despite the angry response by constituents, however, the Legislature continued its resistance to transparency and took the issue all the way to the state Supreme Court.
It is unfortunate it had to go that far.
While the ruling has affirmed the public’s right to know, the trick now will be in ensuring that state lawmakers who were bent on resisting the public records law will now embrace it.
Rep. Skyler Rude, R-Walla Walla, met with the Tri-City Herald Editorial Board last month and is keen on finding ways to make transparency work, and ensure government operate in as much light as possible.
We couldn’t agree more.
Rude is a first-time House member, and the legislative session beginning Jan. 13 will be his second time representing constituents of the 16th Legislative District, which includes Walla Walla and parts of Benton and Franklin counties.
Being a newcomer, we hope Rude can bring a fresh perspective and find a way to push for transparency within his own ranks. A spark from within likely will be necessary to change attitudes.
And while we are relieved that the court ruling requires individual legislators to follow the state public record law, there is a footnote.
The state Supreme Court also ruled that the Public Records Act does not apply to the House, the Senate or the Legislature as individual institutions. That means record requests submitted directly to House and Senate staff may not be accepted, even though specific lawmakers would have to comply.
We hope this distinction does not become a shield state lawmakers find a way to hide behind.
The court ruling is clear and affirms the intent of the Public Records Act, which states: “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 people insist on remaining informed so that they may maintain control over the instruments that they have created.”
Lawmakers, take heed.
This story was originally published January 5, 2020 at 9:00 AM.