WA law says public records are a right, so why is it taking longer than ever to get them? | Opinion

In a democracy, the people’s right to know is sacrosanct. Transparency is not just a buzzword; it’s the bedrock upon which accountable governance stands.

The idea that the people’s business must be open to public scrutiny is as old as the founding of this nation, but it’s a lesson seemingly every generation must relearn. That’s one of the reasons open government advocates worked so diligently to enact the Public Records Act in 1972 and why the Washington Coalition for Open Government was formed 30 years later.

Washington State Code leaves no question that the government must remain open to the people, declaring, “The people of this state do not yield their sovereignty to the agencies which serve them. 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 and informing the people’s public servants of their views so that they may retain control over the instruments they have created.”

So it’s disheartening to read WashCOG’s recent assessment that public access to records is as bad as it’s been over the past half-century. As the nonpartisan nonprofit’s president, Mike Fancher wrote in a recent op-ed, “Open government advocates like WashCOG have won many battles but are losing the war.”

The report’s findings reveal a concerning trend regarding the length of time Washingtonians must wait for the “final disposition” of their records inquiries. In 2019, on average people got the records they asked for – or a denial – in 15 days. By 2022, that had increased by more than a week to almost 23 days. The average masks significant discrepancies in individual agencies’ and localities’ response times.

The report’s revelations should serve as a clarion call for Washingtonians who cherish freedom and democracy. WashCOG has launched a “Your Right to Know” project to galvanize public awareness and engagement. The initiative aims at mobilizing not just the media and activists but also ordinary citizens. It underscores the fact that open records are not a privilege exclusive to a select few but a fundamental right of everyone.

Open government watchdogs identify five chronic shortcomings in the system: legislative efforts to weaken records access, bureaucratic obstacles posed by public officials and agencies, deficiencies in record maintenance and disclosure, inadequate open government training, and a lack of accountability for PRA violations.

WashCOG recommends comprehensive, common-sense ways to address these problems. Most important, voters should reward lawmakers who enact pro-transparency measures and hold accountable those who choose secrecy. Incumbent candidates rarely choose to talk about transparency on the campaign trail. Make them.

The report also calls on public agencies to forbid the use of personal communication devices for official business and improve training to instill a culture of transparency.

Transparency fosters trust between the governed and those who govern, ensuring accountability and thwarting corruption. As such, any attempt to diminish transparency poses a grave threat to the democratic principles we hold dear.

All Washingtonians – be they regular residents with a passing interest in government or government watchdogs – must remain vigilant in demanding accountability from elected representatives.

The right to access public records is not a privilege bestowed upon us; it is an inherent part of our democratic fabric. Every attempt to curtail this right must be met with stubborn opposition.