News
Open Government News

Editorial: Governor's office rejects disclosure law's spirit
The Spoksman-Review: August 31, 2010

The determined citizen activists who wrote Washington’s Public Disclosure Act in the 1970s were clear-headed enough to concede a few circumstances in which government business can properly be done outside the public’s view.

But just a few.

It would compromise the public’s interest, for example, if the state had to disclose its strategy in pending litigation, real estate transactions or collective bargaining activities. Such situations were enumerated in the law.

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Attorney tries new tack to keep record from media
The Seattle Times: August 24, 2010

Seattle attorney Anne Bremner's battle to keep the news media from seeing a deputy's report from her June arrest on suspicion of drunken driving took a novel twist this week, baffling officials with the King County Sheriff's Office.

Bremner's attorney, Tyler Firkins, filed a motion Monday in King County District Court in Shoreline, seeking to use a rule that governs which records the court can release to bar the Sheriff's Office from releasing the report. A Superior Court judge already has ruled the report can be released under the state Public Disclosure Act, a decision that Bremner is appealing.

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Respect the state's open-records laws in DUI case of Seattle attorney
The Seattle Times: August 25, 2010

CREATIVE, aggressive lawyering intended to deny access to public records is an insult to citizens who have made open records and open government a priority in Washington.

Seattle attorney Anne Bremner, 52, is inventing arguments to stifle release of a deputy's report describing her June arrest on suspicion of drunken driving.

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Secretive nature of Legislature, candidates is a bad trend
The Olympian: August 24, 2010

As the 2010 campaign season heads into its final weeks, it's time to hold legislative candidates accountable for their views on openness and transparency in all government actions.

Most South Sound legislative candidates haven’t bothered to answer a questionnaire posed to them by the Washington Coalition for Open Government.

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Vashon's community council in crisis: Four members resign after county legal analysis
Vashon-Maury Island Beachcomber: August 19, 2010

Four of the nine members of the Vashon-Maury Island Community Council's board resigned this week in the wake of a King County decision that the council has to comply with the state's far-reaching public records act.

Jean Bosch, who chairs the Vashon-Maury Island Community Council (VMICC), resigned Tuesday, one day after a tense exchange with Islander Tom Bangasser, who refused to sit down when she told him he was out of order.

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State's Sunshine Committee needs governor's attention
The News Tribune: August 20, 2010

Gov. Chris Gregoire has a lot on her plate. There’s the looming budget hole to be addressed, and a Legislature shamefully inclined to let her deal with it by herself. Then there’s that possible Obama administration nomination for solicitor general that she’s apparently intent on fending off.

Still, she should take some time out of that busy schedule and make four appointments that are her responsibility: to the state’s Public Records Exemption Accountability Committee, better known as the Sunshine Committee.

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Blowing The Whistle On Puget Sound Agency
KUOW.org: August 17, 2010

Washington's whistle–blower law encourages public servants to report wrongdoing when they see it. The law lets insiders blow the whistle anonymously on bad behavior by state officials. And it protects the employees from retaliation if their employers even suspect them of spilling the beans.

But sometimes, whistle–blowers lose their jobs anyway. KUOW's John Ryan brings us the story of one whistle–blower at the state agency responsible for cleaning up Puget Sound. It's part one of our KUOW investigation of the Puget Sound Partnership.

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Spokane City Council meeting during anthrax scare may have violated state law
The Spokesman-Review: August 16, 2010

The Spokane City Council on Monday likely violated state law by meeting during an anthrax scare which closed City Hall to the public.

Firefighters and police were called to City Hall just prior to the council meeting’s scheduled 3:30 p.m. start after an employee found white powder in a package of office supplies. City spokeswoman Marlene Feist sent a news release at 3:25 p.m. that said the session would go on even though the public was no longer allowed to enter City Hall.

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Judge rules sheriff can release report of attorney's DUI arrest
The Seattle Times: August 12, 2010

Seattle Times publisher Frank Blethen and Spokane attorney Duane Swinton will be honored in September for their contributions to transparency in government.

The nonprofit Washington Coalition for Open Government announced this week that Blethen and his newspaper will receive the James Madison Award for his leadership in fighting for open government on many fronts — including the newspaper's aggressive use of public records, its willingness to challenge government secrecy through litigation and its pioneering use of computer data analysis.

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Sumner councilman's e-mails show poor judgment
KUOW.org: August 12, 2010

Matt Richardson was apparently aware that messages written on the City of Sumner’s e-mail system are public records – aware enough that the city councilman devised a code for communicating certain information.

“... conversations about business are good here,” he wrote in 2008 to a city volunteer. “Personal things like meeting me at the Seattle Westin room 1708 on May 10 at 3, could be broken down to SWR1708-5/10-3.”

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Ban remains for now on release of R-71 petition signers' names
The Seattle Times: August 11, 2010

A judge has left in place a ban on releasing the identities of Referendum 71 petition signers as the case moves forward in federal court.

U.S. District Court Judge Benjamin Settle in Tacoma on Wednesday denied the state's request for immediate release of the names, saying such release would make the case moot. But he did agree to the state's request to put the case on a fast track.

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Report on mayor kept secret
HeraldNet: August 7, 2010

Seattle Times publisher Frank Blethen and Spokane attorney Duane Swinton will be honored in September for their contributions to transparency in government.

The nonprofit Washington Coalition for Open Government announced this week that Blethen and his newspaper will receive the James Madison Award for his leadership in fighting for open government on many fronts — including the newspaper's aggressive use of public records, its willingness to challenge government secrecy through litigation and its pioneering use of computer data analysis.

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Washington citizens must continue fight to keep tabs on government
The Seattle Times: August 5, 2010

CITIZEN vigilance is the linchpin that keeps government open and transparent.

Washington citizens proved this in the early 1970s when they pushed for passage of Initiative 276, which began the modern history of open government legislation in our state. Today we have laws intended to preserve public trust by providing open meetings, access to public records, and public disclosure of campaign and lobbying finances.

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Skagit County receives 4th place in Digital Government 2010 Survey
Skagit County: August 4, 2010

Skagit County was recognized for receiving the 4th place award from the Center for Digital Government (Center) and the National Association of Counties yesterday. This award recognizes counties across the country that are providing exemplary digital services to their public.

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Ombudsman: Tacoma's billboards settlement raises open government questions
The News Tribune: August 4, 2010

The city's approved settlement with Clear Channel Outdoor over a federal lawsuit about billboards came up quickly and quietly, added as a last minute agenda item to last week's council meeting a few hours after the council met to discuss the issue in a closed-door executive session.

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Politics shouldn't determine matters of transparency
The Daily News : August 3, 2010

The Obama administration has sent mixed signals on its expressed commitment to government transparency from day one. The open-government rhetoric has been consistent. But the administration's actions have often run counter to stated policy.

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Attorney, Seattle Times publisher to receive government-transparency award
The Seattle Times: July 27, 2010

Seattle Times publisher Frank Blethen and Spokane attorney Duane Swinton will be honored in September for their contributions to transparency in government.

The nonprofit Washington Coalition for Open Government announced this week that Blethen and his newspaper will receive the James Madison Award for his leadership in fighting for open government on many fronts — including the newspaper's aggressive use of public records, its willingness to challenge government secrecy through litigation and its pioneering use of computer data analysis.

Read More »

Public records lead to big salary changes for officials in California city
The Washington Policy Blog: July 27, 2010

In case you ever wondered the value of a robust public records law consider Bell, California as exhibit A. Using public records The L.A. Times discovered that several city officials in the city of Bell were taking home outrageous salaries.

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‘Open’ doesn’t mean ‘closed’
HeraldNet: July 14, 2010

The state’s open public meeting law isn’t that difficult to understand, it really isn’t.

That’s because exceptions to the law — the times when government bodies at any level can close a meeting to the public — are very few.

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Everett School District releases documents from closed meeting
HeraldNet: July 11, 2010

The Everett School District reacted swiftly last week to an accusation by school board member Jessica Olson that it has been breaking the state’s open-meetings law.

State law requires nearly all meetings for school boards and other government bodies to occur in open session. Exceptions to the rule are few.

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County now liable for records act violations
The Daily World: July 9, 2010

Grays Harbor County is no longer insured against judgments or damages resulting in a failure to properly follow the state’s Public Records Act.

In a presentation on Wednesday before the county commissioners, officials with the Washington Counties Risk Pool said that all of its members will no longer be covered. The Risk Pool represents 28 counties across the state, including Grays Harbor and Pacific counties.

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Center panel's Chihuly deliberations will be in private
Crosscut: July 7, 2010

Those who care about the future of Seattle Center had a chance to speak Wednesday evening (July 7) about how their thoughts on redeveloping the Fun Forest. But the committee studying nine proposals to remake the Fun Forest will now disappear from public view.

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Let's hope state prevails in battle for transparency
The Olympian: July 5, 2010

Antonin Scalia apparently is troubled by the thought of any decline in the Home of the Brave. For that and many other reasons, the U.S. Supreme Court justice joined seven colleagues last Thursday in authorizing the disclosure of the names of people who sign referendum and initiative petitions. Congratulations to Washington State Attorney General Rob McKenna for making the case before the high court so compellingly that it drew a bipartisan 8-1 approval.

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Court made right call in keeping petitioners' names public
TDN: July 1, 2010

Advocates of open government have cause to celebrate, for now. Washington's nearly 40-year-old public records law has easily passed what is perhaps its sternest constitutional test to date. The U.S. Supreme Court ruled last week that the names of those signing initiative and referendum petitions can be disclosed without infringing on the signers' freedom of speech.

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You don’t have a right to hide
Wenatchee World: June 29, 2010

We should thank Justice Antonin Scalia for the history lesson. In his concurring opinion in Doe v. Reed, often-contrarian Scalia made this point to those who claimed their right of free speech includes a right to speak anonymously: No, it doesn’t. It never has. That is something the authors of the Bill of Rights would never have considered, they were so accustomed to expressing opinions openly.

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Taxpayers deserve more transparency next time around
TDN: June 27, 2010

Washingtonians have only recently begun to feel the bite of that $794 tax package the Legislature crafted to plug a $2.8 billion hole in the 2010-11 budget. We've heard from some consumers of bottled water, soda pop and the like, who are more than a little put off by the higher prices they're now paying.

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In Our View: ‘Home of the Brave’
The Columbian: June 27, 2010

Antonin Scalia apparently is troubled by the thought of any decline in the Home of the Brave. For that and many other reasons, the U.S. Supreme Court justice joined seven colleagues last Thursday in authorizing the disclosure of the names of people who sign referendum and initiative petitions. Congratulations to Washington State Attorney General Rob McKenna for making the case before the high court so compellingly that it drew a bipartisan 8-1 approval.

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Oak Harbor City Council splits on public meeting issue
Whidbey News-Times: June 22, 2010

Over the objections of two Oak Harbor City Council members and an official from the state Attorney General’s Office, the council has approved meeting policies that may violate the Open Public Meetings Act.

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A victory for transparency
HeraldNet: June 25, 2010

Democracy is about participation. It is not a spectator sport.

As such, the “direct democracy” of the referendum and initiative process can and should take place in full public view, the U.S. Supreme Court ruled Thursday in a case from our state. In an encouraging 8-1 decision, the justices said participants in such public processes have no broad right to expect that their identity be kept secret.

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Editorial: Court ruling preserves transparency in government
The Spokesman Review: June 25, 2010

The U.S. Supreme Court delivered a big victory for open government when it ruled that political petition signers do not have a broad First Amendment guarantee to hide their names from public view. The 8-1 decision stemmed from a challenge by a Washington state religious group, which sought to block the identities of people who signed Referendum 71 petitions out of fear they would be harassed for trying to overturn the state’s “everything but marriage” gay-rights law.

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Score a victory for openness in state initiatives
Yakima Herald : June 25, 2010

We are pleased to see the U.S. Supreme Court on Thursday reaffirm the openness of our state's public records law by requiring signatures for statewide initiatives to be fully disclosed. As the justices argued, anything short of this complete disclosure would undermine the process and call into question the authenticity of those who sign the petitions.

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Supreme Court supports state's open government
Tri-City Herald: June 25, 2010

Government is a little more open in Washington than in most states, and the U.S. Supreme Court has voted to help it stay that way.

In a victory for transparency, the court ruled that signing a petition to get an issue on the ballot is a public act, and the public has a right to know who signed it.

It came to this because backers of last year's Referendum 71, which sought to overturn the Legislature's "everything but marriage" domestic partnership law, sued to keep their identities secret.

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A partial victory for disclosure in the R-71 case
The News Tribune: June 25, 2010

One legal skirmish has yet to be fought, but Washington won the major battle over its Public Records Act Thursday.

With a crushing 8-1 vote, the U.S. Supreme Court ruled that there is no sweeping constitutional right to sign petitions in anonymity. The decision doesn’t force the release of the signatures that put Referendum 71 one the ballot last November – that’s the unfought skirmish – but it repudiates a claim that could have sealed all petitions on all issues, in Washington and elsewhere.

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State attorneys general achieve national recognition
Washington State Office of the Attorney General: June 18, 2010

Four members of Washington State Attorney General Rob McKenna’s office have received prestigious national awards for their public service. The National Association of Attorneys General (NAAG) held its summer meeting in Seattle this week. On Wednesday, officials presented awards to members of McKenna’s Solicitor General’s Office and to his chief deputy.

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Keep juvenile records where public can see them
The News Tribune: June 17, 2010

A work group for the Washington state court system meets Friday to discuss whether juvenile delinquents should be spared one of the consequences of their lawbreaking.

The answer should be obvious: Courts do young offenders and society no favors by minimizing wrongdoing.

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NFOIC hires full-time executive director
National Freedom of Information Coalition: June 17, 2010

The National Freedom of Information Coalition (NFOIC), a nonpartisan coalition of open government groups and advocates, announced today that it has hired Ken Bunting as its new, full-time executive director. Bunting will oversee all daily operations of the NFOIC, including fundraising, coalition building, and managing the Knight Freedom of Information Fund, a new initiative created by the John S. and James L. Knight Foundation to support FOI litigation. Bunting will officially assume his new role on July 1, 2010.

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Forget the Tax Rate, Pop Tax Deserves Repeal Due to Lack of Transparency
Washington State Wire: June 16, 2010

The pop tax ought to be repealed. Not just because it is one more new tax. The reason is transparency -- and believe it or not, fairness.

Remember that the pop industry was told that an amendment would be drafted to the tax bill that would handle the economic problems on the “little guys” in the business.  Well, the long and short of it is that the industry had a very difficult time keeping track of the language, and by the time the bill passed the Legislature, the final version of the wording did not work for the industry’s small distributors.

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Shine a light on Legislature
HeraldNet: June 15, 2010

If it's true, as state Senate Majority Leader Lisa Brown opined, that the Legislature now does its business more transparently than it used to, then we offer a corollary:

When it comes to keeping secrets, lawmakers of the past had nothing on the CIA.

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Ensure public scrutiny of legislative deal-making
The Seattle Times: June 13, 2010

THE Seattle-based Washington Policy Center has a common-sense proposal to prohibit several practices used by legislators to ram through bills in a hurry. These practices were much in evidence in the recent session.

Because the proposal would bind lawmakers, it would have to be a state constitutional amendment. It would require that no bill be passed without a public hearing, no hearing be held on a bill until it has been introduced for 72 hours and no title-only bill be introduced.

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Actions show Legislature is less transparent than in previous years
The Olympian: June 9, 2010

In the waning days of the regular legislative session, Senate Majority Leader Lisa Brown attempted to justify the indefensible. When questioned on Senate procedures that were squeezing the public out of the lawmaking process, Brown said, "I think our processes are much more transparent than when I entered the Legislature."

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Police records add heft to claims in sex case
HeraldNet: June 9, 2010

Criminal investigation records add weight to claims that the man who runs the Master Builders Association of King and Snohomish Counties discouraged a woman he supervises from telling police about an alleged sexually motivated assault by Snohomish County's former planning director.

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A court's baffling suppression of police reports
The News Tribune: June 9, 2010

Huh?

That’s how we reacted a few weeks ago to a judge’s order to block the release of law enforcement reports about the shooting of four Lakewood police officers last November. Such documents are routinely released – for very good reason – once officers have caught the suspects and wrapped up the investigation.

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In Our View: More Transparency
The Columbian: June 3, 2010

Would you believe that the Legislature on many occasions this year actually was in too big a hurry? That might seem hard to believe, what with the lawmakers needing a long, drawn-out special session to finish their business. But according to a recent news release from the Washington Policy Center, the Democrat-controlled Legislature on numerous occasions this year rushed through decisions that — perhaps intentionally — worked against the principles of a fully informed and participating public.

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Siri Woods has given public its money’s worth
Wenatchee World: June 2, 2010

The news that Siri Woods will be retiring at the end of the year after serving 33 years as Chelan County Superior Court Clerk has prompted some mixed emotions. She has more than earned her retirement but boy, she will be a difficult person to replace.

Woods has been a special public servant who has brought an entrepreneurial flair to the job while at the same time being a steadfast and relentless defender of the public’s right to know what’s happening in the judicial system.

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As levy talks resume, board seeks to silence their own
Snohomish County Tribune: May 27, 2010

Your local school board member may not be able to give you his or her individual opinion.

The Monroe School Board wants to enforce a long-standing policy that says the board president — and only the president — speaks publicly for the board.

Outspoken board member Debra Kolrud calls the policy a way to control board members’ freedom of speech.

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Unofficial meetings generate contention
The Spokesman-Review: May 23, 2010

The Spokane Valley City Council’s new majority started off its term in office by possibly violating the Open Public Meetings Act, meeting for coffee every day at a local grocery store. One veteran council member said she believes the group is still discussing city business in secret.

“Decisions are made before they come to the meeting,” Councilwoman Rose Dempsey said. “I’m certain of that.”

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Book 'em Danno (but don't release the photos in Washington)
Washington Policy Blog: May 18, 2010

Hawaii Five-O fans will remember most episodes ending with the phrase "Book 'em Danno." In Hawaii, police booking photos (or mug shots) are subject to public disclosure. They aren't in Washington.

The state's Sunshine Committee met today and had a very spirited discussion about this practice and whether police booking photos should be subject to public disclosure.

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High court's ruling in favor of inmate misses points
The Union-Bulletin: May 17, 2010

The state Supreme Court apparently couldn't, as the old saying goes, see the forest through the trees.

What else explains why the justices, albeit by a close 5-4 margin, ruled last week an inmate was wrongly denied the opportunity to argue for release of personnel files of Washington State Penitentiary employees?

The high court ruling overturns a 2005 decision by now-retired Walla Walla County Superior Court Judge Robert Zagelow. That ruling was upheld by the state Court of Appeals.

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The Sun Took a Firm Stand for the Public's Right to Know
Kitsap Sun: May 15, 2010

We chose not to overplay a court case decided in the newspaper’s favor this week, relying on a fairly succinct story inside Thursday’s edition for the record.

That doesn’t mean the decision rendered by the state’s Division II Appeals Court wasn’t significant. As we believe about most cases involving open records, every bit of case law that strengthens the public’s right to know is worthwhile. The facts of this particular case are not necessarily headline-grabbing or groundbreaking; rather, they stand quietly in the background steadfastly supporting the notion that governments should be held accountable to the law regarding public records.

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High court: Inmate entitled to argue for release of guards' personnel files
The Seattle Times: May 13, 2010

A sharply divided state Supreme Court has ruled that a prison inmate was wrongly denied the opportunity to argue for the release of the personnel files of his Department of Corrections guards, which he had sought in 2004 through a public-disclosure request.

The 5-4 decision overturns rulings by a trial court and the Court of Appeals, and finds that the trial court was required under civil rules to include inmate Allan Parmelee as an interested party in a lawsuit filed by the guards against the Department of Corrections (DOC) to prevent the agency from turning over their personal information, including photographs and home addresses.

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Jefferson County clerk announces re-election bid
Peninsula Daily News: May 12, 2010

Jefferson County Clerk Ruth Gordon announced her plans to run for a second four-year term during a Monday night county commissioners public outreach meeting at the Brinnon Community Center.

Gordon, 56, said her first goal would be to find space in the Jefferson County Courthouse to better house her office staff, which is now shoehorned into tight quarters, sharing space with Superior Court Judge Craddock Verser's office.

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Editorial: Welcome bills push online public information
The Spokesmen-Review: May 11, 2010

The good thing about the federal Freedom of Information Act is that it declares the kind of clarity about government operations that citizens require if they’re going to make a constitutional democracy work.

The worst thing about the federal Freedom of Information Act is that it’s administered by government personnel, who, no matter their personal character, are components in the system whose activities are subject to disclosure, inspection and accountability.

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State Should Close Loophole to Public Disclosure Law
Publicola: May 6, 2010

Last month, Seattle Times reporter Emily Heffter had a nice scoop: Mayor Mike McGinn sent a series of text messages to his old friend and Sierra Club colleague, City Council member Mike O’Brien, to vote against council member Tim Burgess’ proposed panhandling law. As we were the first to report, O’Brien initially opposed, then supported, and finally voted against the legislation.  McGinn’s lobbying helped dismantle what would have been a veto-proof majority.

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In Our View: Cameras in Courts
The Columbian: May 2, 2010

The U.S. Supreme Court only heard arguments last Wednesday on the matter of making petition signatures public, and no ruling is expected for weeks. Still, some comments from the justices indicated a consensus could be forming in support of full disclosure. This news is refreshing and highly encouraging.

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Spin Control: Drafting in dark messed up soda tax
The Spokesman-Review: May 2, 2010

Not to be a nag about the value of public hearings for important stuff government wants to do to us, but legislators’ penchant for closed-door, back-room discussions of the tax plan they passed may have bit them in the posterior.

Or more appropriately, bit them in the soda bottlers.

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U.S. Supreme Court should side with 'civic courage' in Doe v. Reed case
The Seattle Times: April 30, 2010

In our state Constitution, citizens reserve much power for themselves. They can overturn legislative acts, and craft laws themselves through the initiative process. One such effort, in 1972, created the pioneering Public Disclosure Act.

This power provides a counterweight to government excess, and is a prime example of Washington’s long tradition of citizen oversight. It should never be taken for granted, and always defended.

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What's the big secret? Taxpayers aren't told
Tri-City Herald: April 30, 2010

Two public agencies meet in secret behind closed doors.

Is it:

-- The Central Intelligence Agency briefing Congress on security threats?

-- The FBI getting a tip from local police about a two-state drug operation?

No. Neither. It must be something far more delicate than that, something like -- Pasco and the Mid-Columbia Libraries deciding on a contract for library service.

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The free need not be nameless
The Wenatchee World : April 29, 2010

In the interest of protecting their natural rights to privacy and freedom of association, perhaps all those founders should have left the bottom of the Declaration of Independence blank. John Hancock shouldn’t have resorted to large type so the king could read the signature without his spectacles. They then could have been attuned to the contemporary concept that freedom of expression at times requires anonymity, especially when the consequence of public disclosure might be a noose or some other form of harassment akin to having your name on a CD-ROM.

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Supreme Court skeptical on keeping Ref. 71 petition names secret: Democracy takes 'civic courage'
The Seattle Times: April 28, 2010

In a hearing punctuated by sharp questions, U.S. Supreme Court justices Wednesday seemed skeptical that people who sign ballot petitions — including one that sought to overturn a gay-rights law in Washington state — should remain anonymous.

"Running a democracy takes a certain amount of civic courage," Justice Antonin Scalia said during oral arguments in a case brought by conservative groups trying to keep Referendum 71 petition signatures secret. "The First Amendment offers no protection against criticism or even nasty phone calls."

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Why disclosure matters
HeraldNet: April 27, 2010

In our state Constitution, citizens reserve much power for themselves. They can overturn legislative acts, and craft laws themselves through the initiative process. One such effort, in 1972, created the pioneering Public Disclosure Act.

This power provides a counterweight to government excess, and is a prime example of Washington’s long tradition of citizen oversight. It should never be taken for granted, and always defended.

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Open government under attack in R-71 case
The News Tribune: April 27, 2010

Voters long ago settled the debate over Referendum 71, the law. Now the nation’s highest court will decide Referendum 71, the test case.

On Wednesday, the U.S. Supreme Court takes up the question of whether disclosing the names of people who signed petitions to qualify R-71 for the ballot is a violation of their political speech rights.

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R-71 case helps keep government accountable to people
The Seattle Times: April 26, 2010

SHOULD average people maintain the right to double-check the work of elected officials and other individuals seeking to influence state law, or should lawmaking on critical issues, from taxes to marriage rights and beyond, be conducted in secret? That's at the heart of an issue before the U.S. Supreme Court Wednesday.

The question is whether the names and addresses of those who sign an initiative or referendum should remain a public record. Most government records are publicly available because Washington voters demanded it — through the initiative process — nearly 40 years ago.

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McKenna heads to US Supreme Court to defend election transparency
Kitsap Peninsula Business Journal: April 26, 2010

Secretary of State Sam Reed will join Washington State Attorney General Rob McKenna in Washington, DC, at the end of the month as McKenna argues his third US Supreme Court case, defending the constitutionality of Washington’s voter-approved public records law.

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Court wary of R-71 case
The Olympian: April 25, 2010

Supreme Court justices from the left and the right seemed downright skeptical Wednesday as a lawyer for religious conservatives argued Washington state had no right to release the names of the 138,500 residents who signed ballot petitions to force a vote on a same-sex domestic partnership law.

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Let's hope McKenna succeeds in records case
The Olympian: April 25, 2010

At 10 a.m. Wednesday, Washington state Attorney General Rob McKenna will stand before the nine justices of the United States Supreme Court and launch a spirited defense of this state's Public Records Act.

The stakes are huge. In jeopardy are accountability and transparency in government operations, the public’s right to know and whether citizens can access voting records to determine whether fraud has been committed. He will argue that the names of people who signed Referendum 71 are a matter of public record and should be disclosed.

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Battle over R-71 names goes to U.S. Supreme Court
Bellingham Herald: April 25, 2010

The Supreme Court will hear oral arguments Wednesday, April 28, in the Washington state case of opponents of domestic partnership rights who are trying to block release of the names of 138,000 people who signed petitions to put the issue on the ballot.

State officials say the Washington Public Disclosure Act, approved by voters nearly 40 years ago, requires the release of signatures on initiative and referenda petitions. Until now, no one had ever challenged their release.

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Washington's battle over petitioner signatures goes to Supreme Court
HeraldNet: April 25, 2010

In a locked government office, in boxes, are petitions signed by 138,000 people that gave voters the final say on a controversial gay-rights law last year.

On Wednesday, the U.S. Supreme Court will hear lawyers argue why those names should be kept secret forever.

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Local computer security expert investigates police practices
Seattle Post Intelligencer: April 21, 2010

A drunken street golf game with foam balls has led to a serious civil rights issue, pitting computer geeks against police practices.

Eric Rachner, a Seattle cyber security expert and one of the golf players, wasn't satisfied when the city dismissed charges against him after a possibly illegal arrest for refusing to provide identification.

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Council discusses rules to shine light on city business
Snohomish County Tribune: April 22, 2010

After months of clamoring from residents, Everett’s City Council has launched a process to make city business more accessible.

The council held a workshop at last week’s meeting to discuss restructuring itself to be more transparent. Changes could include eliminating most of the council’s committees, which examine city business without notice to or input from citizens.

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Public agencies should learn from costly lessons
Tri-City Herald: April 20, 2010

Failure to follow the rules costs money. And usually it's the everyday citizen who ends up paying the fines or fees.

But in one recent case, a government agency that failed to follow the rules is paying a citizen $30,000 to rectify the mistake.

The Benton Clean Air Authority reached a settlement with Larry Loges over a disputed public records request. According to Loges, officials failed to respond correctly to three public records requests he made in 2008. He sued the Benton Clean Air Authority in 2009.

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McKenna Isn't Taking Conservative Line in Signature Case
Washington State Wire: April 19, 2010

Washington Attorney General Rob McKenna is getting set for one of the biggest challenges of his legal career – a high-profile argument before the U.S. Supreme Court that will settle the question of whether signatures on political petitions ought to be a private matter.

McKenna says they shouldn’t be – and it’s an issue that could have reverberations in all 24 states that offer their voters the initiative and referendum.

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Bill to probe FOIA delays clears Senate Judiciary
NextGov: April 16, 2010

The Senate Judiciary Committee advanced a bipartisan bill Thursday that would set up a commission to explore why tens of thousands of requests for government information get sidetracked.

Co-sponsored by Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., and Sen. John Cornyn, R-Texas, the bill was approved and sent to the full Senate on a voice vote.

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Think Tank Sues to Get Drug Test Results of Ferry Crew Involved in Collision
Kitsap Sun: April 16, 2010

The Evergreen Freedom Foundation is suing the state Department of Transportation to get the results of drug and alcohol tests that a ferry crew took after their boat hit Seattle’s Colman Dock last summer.

The libertarian think tank based in Olympia believes the public should be able to view documents from the investigation instead of taking Washington State Ferries’ word that alcohol and drugs weren’t factors.

On a foggy Aug. 30 morning, the ferry Wenatchee was arriving at the dock from Bainbridge Island when it made what WSF described as a “hard landing.” Repairs to the boat, dock and the rent for replacement passenger ferries cost $327,000. The Wenatchee was out of service for five days.

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US PIRG Flunks WA State on Budget Transparency, But Downplays Local Progress & Budget Constraints
Olympia Newswire: April 14, 2010

The United States Public Interest Research Group (U.S. PIRG), a liberal consumer protection organization founded by Ralph Nader over three decades ago, gave Washington state’s government a failing grade on budget transparency in a report it released yesterday.

The report, “Following the Money: How the 50 States Rate in Providing Online Access to Government Spending Data,” based its grades on whether states are adopting what PIRG claims are best practices in utilizing digital technologies to increase budget transparency.  Calling these practices “‘Transparency 2.0’— a new standard of comprehensive, one-stop, one-click budget accountability and accessibility,” the PIRG report rated states on various aspects of their “Web-Based Spending Transparency.”

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Emotions strike another blow to public disclosure
TDN.com: April 14, 2010

Government transparency was under attack throughout much of the 2010 legislative session. Washington lawmakers very nearly managed to shut down the Sunshine Committee, the panel created less than three years ago to guard public access to government documents. Dozens of bills that would limit citizens' access to public records were offered during the session.

Most were defeated. But one very concerning measure — House Bill 1317 — survived and was signed into by Gov. Chris Gregoire during the three-week special session just ended. The law seeks to limit public access to law enforcement employees' personal information. Our concern is not so much that the law limits access to the information as with the terrible precedent it sets.

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Public officials are there to serve you
HeraldNet: April 3, 2010

As citizens of Washington, you have the not unreasonable expectation that your elected leaders — in fact, all public employees — are acting in your best interests.

But it pays to remember that expectations and actual performance are two different things. And it's your job as a citizen (and smart money management as a taxpayer) to be regularly looking over the shoulder of the elected leaders at city hall, the county seat and the statehouse. Also needing that scrutiny are the school board and the fire and port districts and other less visible public agencies.

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Media groups want names released of signers to Ref. 71
HeraldNet: April 2, 2010

A coalition of newspapers and broadcasters, including The Herald, is urging the U.S. Supreme Court to uphold the state’s public records law by rejecting an Arlington group’s attempt to keep names of Referendum 71 petition signers a secret.

“Washington state believes in legislating in the open. If they prevail, legislating would take place in secret,” said Bruce Johnson, an attorney with Davis Wright Tremaine of Seattle representing media organizations.

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Justice delayed, justice denied and justice going backward
The News Tribune: March 30, 2010

Armen Yousoufian thought he was making a simple request of King County: copies of the economic studies being used to justify a large public investment in a new stadium for the Seattle Seahawks.

Yousoufian was no political activist in 1997. He was a businessman trying to run a hotel in Seattle’s University District. But after he heard then-County Executive Ron Sims cite the studies while campaigning for the stadium, Yousoufian decided he wanted to read them himself.

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Supreme Court cases test speech rights — and more
USA Today: March 30, 2010

Larry Stickney speaks passionately as he tries to explain why the names of people who signed a 2009 Washington state ballot measure against gay rights should be kept secret.

"I had been in the political game for 16 years, but we had no idea the viciousness that we would come under," says Stickney, a former state legislative aide, active opponent of abortion rights and campaign manager for Protect Marriage Washington, who now is involved in a major free-speech case that will come before the U.S. Supreme Court next month.

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Olympia makes obfuscation an art form
HeraldNet: March 29, 2010

Why is the story behind so many high-minded proposals made and passed by our legislators and local officials only partially told?

Various proposals floating about or passed sound oh-so-good, yet when the bright light shines on them, they fail. Many believe that the stuff folks really want gets thrown under the bus in tight budget times because it is known by the politico that folk will vote to tax themselves for causes that affect them personally, such as parks.


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Lawsuit over illegal executive sessions costs Arlington schools $29,000
HeraldNet: March 29, 2010

Arlington School District must pay nearly $29,000 in attorney’s fees to the watchdog group that brought suit for the school board’s violations of the state Open Public Meetings Act.

The nonprofit, Spokane-based Center for Justice sued the district in 2008 as part of the group’s statewide effort to bring attention to enforcement of the meetings act.

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State to U.S. Supreme Court: R-71 signatures are public
Seattle PI: March 25, 2010

An attempt to block the release of the names of people who signed petitions hoping to negate an expansion of gay rights in Washington is a direct challenge to the state's Public Records Act and people who attach their names to initiatives and referendum have no right to privacy, lawyers for the state argued in a brief filed Thursday with the U.S. Supreme Court.

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U.S. House members launch transparency caucus
Washington Policy Blog: March 26, 2010

Rarely does a good idea come first from Washington D.C. versus the state laboratories of reform but here is one exception. Yesterday Republicans and Democrats in the U.S. House formed a congressional transparency caucus to help promote open government initiatives.

Read More »

Dorn charged, but city stonewalls on documents
KOMO News: March 24, 2010

City prosecutors on Wednesday filed a charge of driving under the influence against state Superintendent of Public Instruction Randy Dorn.

The police report obtained by KOMO News says Dorn was stopped by police around 1:30 a.m. Sunday near Orting High School in rural Pierce County. The investigating officer said he pulled Dorn over for speeding and a broken tail light.

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Supreme Court awards citizen significant penalty for agency's public records violation
Supreme Court of Washington Blog: March 25, 2010

The Supreme Court has once again issued an opinion in the case of Yousoufian v. Ron Sims. This case has bounced up and down the courts for many years. The final question, after a finding that King County violated the Public Records Act by withholding records from citizen Armen Yousoufian, was to determine the amount of penalties to impose on the agency. The trial court had set the penalty at $15 a day. In January 2009, the Supreme Court rejected this and advocated a multifactor test to determine an agency's culpability. That opinion was vacated after King County argued that Justice Richard Sanders, who wrote the opinion, had his own public records case moving through the court system and should not have participated in Yousoufian.

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Governor’s Office Denies Public Records Request for Her Budget Proposal
Olympia Newswire: March 23, 2010

The office of Washington state Governor Christine Gregoire has denied the Olympia Newswire’s Public Records Act request for the Governor’s budget proposal for raising $800 million in revenue without raising the sales tax.

The Newswire submitted its request to Governor Gregoire’s Communications Director, Cory Curtis, on Thursday, March 18. In the Governor’s office response, Melynda Campbell, Executive Assistant to Gregoire’s General Counsel Narda Pierce, claimed that “it does not appear that there are any responsive documents located within this office.”

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Hard to spot public process in this year’s Legislature
HeraldNet: March 22, 2010

Since 2003 WashingtonVotes.org has provided concise, plain-English, descriptions of every bill, amendment and vote in the Washington Legislature. Through our service, thousands of Washingtonians follow the day-to-day activities of their elected officials in Olympia and are being empowered to participate in the legislative process.

Unfortunately for civic-minded citizens, the task of providing this service has proven to be more difficult this year than in the past. Why? Because public transparency in the legislative process has broken down.

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Constantine signs order reaffirming public access to King County's public records
King County Executive News: March 22, 2010

King County Executive Dow Constantine today signed a new Executive Policy that affirms public access to public records and commits the county to an open and transparent government. The policy update expands and details existing policy and incorporates model rules issued by the state attorney general.

“Under the law, public records belong to the public,” said Executive Constantine. “This policy reaffirms my commitment to open government, transparency, and customer service, and provides guidance to our public records officers in support of their duties to respond to requests under the Public Records Act.”

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City of Puyallup is not always open
The Puyallup Herald: March 11, 2010

The lack of transparency at Puyallup City Council meetings has become a reoccurring theme.

In often subtle ways, this council and administration have thwarted the spirit of open government. Their actions are easily missed by casual observers of council: unusual timing for meetings about controversial topics like hiring the city manager, the struggle to televise council meetings and a party in city hall to honor past mayors the excluded the public and some council members.

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Crossing sponsors set closed-door meeting
The Columbian: March 18, 2010

Portland and Vancouver political leaders plan to move behind closed doors today to chew over the fate of the biggest public works project in the region’s history.

Members of a high-level committee advising Washington and Oregon’s governors on the multibillion-dollar Columbia River Crossing will try to work out their differences over lunch at the Portland law office of Henry Hewitt, who serves as chairman of the Project Sponsors Council.

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It's National Sunshine Week, but state's transparency forecast remains cloudy
TDN.com: March 14, 2010

The Washington Legislature goes into overtime Monday. That means legislators will be on the job through much of National Sunshine Week, which begins today. But their work almost certainly will be limited to the budget. Government transparency is not part of this special session's agenda.

That's unfortunate. Advancing just a couple of stalled open-government initiatives would give taxpayers something more permanent than a supplemental budget for the $18,000 per day they'll spend to keep lawmakers at work. We refer to legislation introduced this year to delay votes on big spending bills to allow time for public review and the state Sunshine Committee's call for ending a provision that exempts legislators' e-mails and letters from public disclosure.

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A bad example of legislative 'transparency'
The Olympian: March 15, 2010

You have the right to know these facts
The News Tribune : March 14, 2010

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Sunshine and Clouds in Olympia
Kitsap Sun: March 14, 2010

In business and politics, transparency matters
Puget Sound Business Journal: March 12, 2010

How many of us believe that government works best for the people when there is transparency? I certainly do, and I bet the majority of Washingtonians do as well.

Right now, difficult decisions are being made daily by employers in our state to keep their companies’ doors open, people employed and customers serviced. Meanwhile, our state Legislature is facing equally difficult decisions with our state’s $2.8 billion deficit, yet there appears to be a lack of transparency as they “batten down the hatches” and prepare to levy nearly $1 billion in new taxes on Washington’s families and businesses.

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Did some Bellevue City Council members violate state's law on open meetings?
The Seattle Times: March 10, 2010

Some members of the Bellevue City Council faced accusations this week that they violated the state's open-meetings law.

The charge arose during a meeting earlier this week about light-rail routes in South Bellevue. For the past month, the City Council has had contentious debates about switching its endorsement on a light-rail route.

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Senate holds sham "public" hearing on income tax
Washington Policy Blog: March 5, 2010

It looks like the public weren't the only ones kept in the dark yesterday on the Senate Majority's income tax plan. Ranking member of the Senate Ways and Means Committee, Sen. Joe Zarelli, believes yesterday's hearing was in violation of Senate rules and asked for the hearing to be postponed.

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Wash. approves police info disclosure exemption
Seattle PI: March 6, 2010

Washington's Legislature has passed a measure that would exempt the personal information of criminal justice employees from general public records requests.

The bill exempts birthdate information and photographs that could be used to locate or identify the employees of criminal justice agencies, including courts and police departments.

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Supreme Court case: $2 million in public funds for...what?
Yakima Herald-Republic: March 6, 2010

The question before the Washington State Supreme Court seems straightforward: Does the public have a right to scrutinize how its money is being spent to defend accused killers and other criminal defendants?

That's the crux of a lawsuit by the Yakima Herald-Republic against Yakima County, which refused to turn over financial records showing how court-appointed defense attorneys racked up more than $2 million in fees and other costs in a 2005 double-murder case.

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Public input? Who cares?
HeraldNet: March 5, 2010

“The people of this state do not yield their sovereignty to the agencies that 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 so that they may maintain control over the instruments that they have created.”

That declaration is repeated more than once in Washington’s public disclosure and open meetings laws.

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Lawmakers make lame attempt to honor slain officers that will hurt citizen access to public information
The Seattle Times: March 5, 2010

There is a political ebb and flow that gives rise to politicians and issues. This short session, which is scheduled to end this week, has been dominated by a budget collapsing under the weight of a $2.6 billion shortfall.

The economic crisis has not been bad for everybody in Olympia. Legislators and lobbyists have used it as cover to push bad legislation on Washingtonians.

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Privace bill's misguided symbolism
The Seattle Times: March 3, 2010

HOUSE Majority Leader Lynn Kessler freely admits that a bill aimed at protecting the privacy of law enforcement actually would not do much of anything.

The proposed law would exempt personal information on law-enforcement employees from the Public Disclosure Act. But state law already protects public employees' home addresses, home phone numbers and Social Security numbers from disclosure.

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Sammamish Forum March 3, Reject Issaquah math curriculum
Sammamish Review: March 3, 2010

According to Memorandum No. 028-09M K-12 Education (for information purposes) sent to state math leaders, school principals and school district superintendents on May 4, 2009 from Randy Dorn, state Superintendent of Public Instruction, regarding high school mathematics core/comprehensive instruction materials final recommendations: “Superintendent Dorn’s final high school recommendations are based on both the work of the OSPI and the SBE as directed by statute. The final recommendation for high school is: Holt Mathematics.”

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The Ghost Bill: Oly Lawmakers Push Tax Break Reform With a Blank Law
Seattle Weekly: March 1, 2010

The state legislature's latest moves towards eliminating some of the fat-cat tax breaks highlighted in a recent Seattle Weekly cover story are encouraging to see - but what, exactly, is it we see?

Sen. Phil Rockefeller, D-Bainbridge Island, recently introduced a title-only reform bill (without any text detailing the law being proposed) followed by a 35-second staff briefing to the Senate Ways and Means Committee, a 65-second public hearing, and a 22-second vote to approve the blank bill so text can be added perhaps without further public input.

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Police privacy bill based on rumors
The News Tribune: February 26, 2010

A rumor making the rounds in the Legislature holds that the Lakewood Police Department was “barraged” with public records requests seeking Social Security numbers of the children of four slain police officers.

There’s no truth to it, but it’s still being used to justify restrictions on public disclosure.

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Monroe finally releases e-mails on ethics panel discussions in 2005
HeraldNet: February 13, 2010

Meredith Mechling didn’t think it would take five years and a lawsuit to get a dozen e-mails from the city.

But it did.

Earlier this week, Mechling finally received those long-sought e-mails, originally sent among city officials in March 2005.

Read More »

Constitutional Sunshine
Olympia Policy Watch: February 22, 2010

With National Sunshine Week (March 14-20) less than a month away, it's not too early to think about the reforms needed to make the legislative process more transparent. Whether it's the failure to implement a reasonable budget review period, holding hearings on "ghost bills," or carving out a special legislative exemption from the state's public records act, it is clear that constitutional transparency protections are needed for citizens. The Catch-22 of course, any constitutional reform must originate in the Legislature. Despite this obstacle, here are some suggested constitutional transparency protections to help make Washington the legislative sunshine state . . . Read More

A split decision on two petition bills
The News Tribune: February 22, 2010

Two bills still alive in the Legislature take on the state’s initiative/referendum petition-gathering process. Lawmakers should pass one and do some major surgery on the other.

The one that makes sense is Senate Bill 6754, which would clarify that the names and addresses of people signing initiative or referendum petitions are public records and may be released as part of a public records request. Read More

Washington lawmakers should kill two bad bills that undermine public records law
The Seattle Times: Februrary 21, 2010

WITH so much at stake this year as state officials make decisions affecting citizens, it is disappointing to see two advancing legislative proposals that would make it harder for citizens to keep tabs on their government.

House Bill 1317 would exempt from public disclosure the birth month and year and official photograph of law-enforcement officers. Read More

Special records access for media? No thanks
The News Tribune: February 18, 2010

A curious thing is happening in the state Legislature. It seems lawmakers believe they can pick off public disclosure supporters by granting some of them special privileges to information.

Twice now, legislators have answered concerns about denying access to public records by establishing a new class of citizens: members of the news media. Read More

Assaults don't erase value of full disclosure
The Spokesman-Review: February 16, 2010

Another Washington policeman, state Trooper Scott Johnson, has been seriously wounded by an assailant who seems to have had no motive other than that Johnson is a uniformed law enforcement officer. A wave of such assaults has shocked the state in recent months, giving rise to a concerted legislative effort to demonstrate support for public safety personnel.

Acknowledgment of the dangerous work done by law enforcement officers is clearly in order. Read More

U.S. Supreme Court to hear Referendum 71 case in April 28
The Seattle Times: February 16, 2010

The U.S. Supreme Court has set April 28 as the date it will hear arguments over whether those who sign petitions for ballot measures can keep their identities confidential -- a case stemming from the Referendum 71 battle last year.

The High Court had decided in January to hear the case -- referred to as Doe v. Reed. Read More

Seattle incident proves point against bill
The Olympian: February 17, 2010

Sen. Mary Margaret Haugen, D-Camano Island, has horrible timing.

She is the prime sponsor of a bill to put video recordings at transit stations off limits to the general public. It’s a horrible bill, and that point is driven home by the fact that at the same time Haugen’s bill was moving through the legislative process, a shocking video was broadcast showing a brutal assault at a downtown Seattle transit station. The video shows three transit security guards doing nothing as a 15-year-old girl standing next to them was pummeled, knocked to the ground and kicked in the head six times while the attacker’s posse stood and watched. The guards called for help but did not intervene. Read More

Senate: Make petitions public
The News Tribune: February 15, 2010

Voter petitions should be public records, the Senate voted tonight, stepping into an area being considered by the U.S. Supreme Court.

The names and addresses of people who sign to get initiatives and referenda on the ballot would be publicly available under the bill, which passed the Senate 28-20.

“They have been made public repeatedly in our state’s past. They are public record. This bill underscores that,"  said Sen. Joe McDermott, D-Seattle. Read More

The shadows grow in Olympia
Wenatchee World: February 13, 2010

This is the dark season in Olympia. The public’s right to know of the workings of its government, free access to records and knowledge of government action, is being eroded on multiple fronts. These steps toward secrecy erode our ability to know what our public servants are doing.

The most obvious closing of the shades came last week when the state Senate voted to suspend Initiative 960, which required a two-thirds vote to raise taxes. Everyone expected the two-thirds requirement to fall — the state constitution allows the Legislature to modify or void initiatives with a majority vote after two years. It was less obvious that I-960’s secondary component — requiring public disclosure of tax-hike voting records, advance notice of tax bills, and long-term financial analysis — would be killed as well. Read More

Critics of Bill That Would "Keep Secret" Videos Like Metro Tunnel Beating Are Wrong
Seattle Weekly: February 15, 2010

If the video of Aiesha being beaten inside of a Metro tunnel had never been released last week her case never would have become national news.

We're a visual species. Our reactions to pictures are stronger than they are to words. Read More

Op Ed: Tranparency in Short Supply in Olympia this year
Olympia Newswire: February 12, 2010

By Michael Reitz, general counsel of the Evergreen Freedom Foundation, Board Member of the Washington Coalition for Open Government

The idea of transparency in government is old as democracy itself. The people cannot maintain control over government entities if they have no idea what their public officials do. The Washington Legislature, unfortunately, has signaled a severe indifference—if not hostility—toward transparency during its 2010 session.Read More

Open government site hasn't sprouted its teeth yet, observers say
NextGov: February 9, 2010

A White House Web site for tracking compliance with a 2009 open government directive is not an adequate enforcement tool yet, some open government advocates said after its launch last weekend.

The directive, issued to agencies by the Office of Management and Budget, established several tight deadlines for initiatives intended to make government more transparent, collaborative with industry and user-friendly for the public. The site Open Government Dashboard, was one such assignment due on Feb. 6. Read More

Bills to limit disclosure would not benefit public
The Seattle Times: February 11, 2010

KING County Metro will arrange for actual security in the downtown Seattle bus tunnel, instead of the ghost of it. This advance in rider safety was made possible only because the agency had to disclose a shocking video taken by surveillance cameras.

Two weeks before the attack in the tunnel, Sen. Mary Margaret Haugen, D-Camano Island, introduced Senate Bill 6431. Her original bill exempted all transit-agency videos from public disclosure. The bill said it aimed to prevent these videos from being used "to track or monitor an individual's use of public transportation ... " Read More

Dory Munson Show
My Northwest: Februrary 10, 2010

More Olympia fall-out to the Senate Democrat attempts to reverse the will of the voters and suspend I-960. Economic policy analyst Jason Mercier (Wash. Policy Center) talks LIVE with Dori. Also, I-960 sponsor Tim Eyman talks LIVE with Dori. Read More

Transparency taking a hit in state legislature
The Bellingham Herald: February 10, 2010

I’ve been seeing more and more of this lately both among activists, lobbyists and thinktanks and now also from traditional media writers.

First, Jason Mercier of the conservative Washington Policy Center is concerned about several recent issues, saying in the title of one of his blog posts that transparency is “taking a beating” in Olympia. He cites three instances. Read More

What does legislative transparency look like?
Washington Policy Blog: February 10, 2010

Earlier today we highlighted a troubling trend of the legislature moving away from transparency. One of the examples we highlighted was SB 6853: Relating to creating the legislative review of tax preferences act of 2010. This title only bill was introduced yesterday and subject to a public hearing and received executive action even though there are no details in the bill. This means anything related to the bill title can be added on the Senate floor without ever receiving public scrutiny or comment. Read More

Everett City Council plotted before moving meetings
HeraldNet: February 10, 2010

A controversial resolution to move City Council meetings to mornings may have been a surprise to the public and half the council, but it wasn't to key city staff.

Councilmen Ron Gipson and Arlan Hatloe asked the city attorney to draft the resolution at least three weeks in advance, according to documents obtained through a public records request.
Read More

Bad Bill exploits officers' deaths
The News Tribune: February 10, 2010

State Rep. Lynn Kessler’s bill to seal information about people who work in the criminal justice system got absolutely nowhere last legislative session.

This year, it’s sailing through the House as lawmakers scramble to assist law enforcement in the wake of six cop killings. Read More

Pictures of officers could be come secret
The News Tribune: February 8, 2010

The House Ways and Means Committee voted unanimously this evening that photographs in the personnel files of police, court and corrections employees should not be public records.

Nor would birth dates from the files be publicly available if HB 1317 passes. Read More

Let the Sunshine stay in
The Kitsap Sun: February 7, 2010

Concurrently with an attorney general’s office initiative to streamline and improve the public’s access to government records is a bill in Olympia to cut the state’s Sunshine Committee, a board that keeps an eye on exemptions to the state’s public records act.

HB 2617 would cut hundreds of commissions and boards including the Sunshine Committee, or public records exemptions accountability committee, as the state tries to bridge its current $2.6-billion funding gap. Read More

Open records disputer resolution center bill dies
The Daily World: February 6, 2010

The Office of Open Records, the brainchild of Attorney General Rob McKenna and State Auditor Brian Sontagg, appears to have died in committee.

Friday was the cut-off date for non-financial related bills.

The bill would have created a dispute resolution center to give parties a place to work out their open government issues with people who actually know the law and can provide a third-party perspective without resorting to the court system
. Read More

Pierce County Councilman Shawn Bunney to run for 31st District House seat
Covington Reporter: February 5, 2010

Republican Pierce County Councilman Shawn Bunney announced his candidacy for the state legislature in the 31st Legislative District, Position 1.

Rep. Dan Roach, R-Bonney Lake, currently holds the seat, but he plans to run for Bunney's council seat in the fall, although Roach has not made an official declaration yet. Read More

'Bank Secrecy' language pulled from pending Washington state legislation
Puget Sound Business Journal: February 4, 2010

Facing sharp criticism from news media people across Washington, the state’s chief banking regulator has pulled controversial “bank secrecy” language from pending legislation.

The Washington State Department of Financial Institutions (DFI) wanted to clarify the information about a bank’s health that it’s allowed to keep private, including whether a financial institution is operating under stricter regulatory oversight. Read More

Shadow of the secret meeting spreading over more of our legislative processes
The News Tribune: February 4, 2010

It is an overused cliche, dragged out whenever someone notices the haphazard way that bills really become laws:

“If you like laws and sausages, you should never watch either one being made.”

True? Perhaps. Cynical? Of course. But it is also rather unfair to sausages and sausage makers. Because unlike the makers of laws, butchers will let you watch if you have the desire and the stomach for it. Read More

Sunshine Committee shouldn't be eliminated to cut spending
The Daily News: February 4, 2010

Washington's Sunshine Committee, the panel of citizens and legislators created in 2007 to guard public access to government documents, is again on the legislative chopping block. It's among 78 state boards, commissions and committees slated for elimination in House Bill 2617, which is scheduled for a hearing today before the Ways and Means Committee.

Authors of the bill determined that the Sunshine Committee was an unnecessary expense, appropriate for termination in this time of historic belt-tightening. We suspect that determination had more to do with a desire to block this committee's work than cutting expenses. The panel's current budget is just a little over $5,500, according to Jason Mercier, an analyst with the Olympia-based Washington Policy Center. Its operating costs since 2007 add up to just $32,323. Read More

State backs bills to keep troubled banks' information secret
The Columbian: Februrary 3, 2010

Washington bank regulators are backing revisions to state law that would block the public’s access to state information on troubled banks.

Four proposed bills have been drafted by the Washington Department of Financial Institutions in response to a rash of bank closures last year. The bills mostly aim to clarify to bank managers the actions DFI will take when it steps in to help fix or close state-chartered banks and credit unions, said DFI Director Scott Jarvis. Read More

Keep and eye on what your government is doing
Kirkland Reporter: February 2, 2010

The concept of open government quickly gets to the core of who we are, as a community, as a state and as a nation.

For more than 200 years, Americans have been part of a grand experiment in self government based on laws. It’s an ambitious civic model that’s idealistic, hopeful and frankly at odds with much of history. But it works. Read More

Secrecy doesn't further government reform
The News Tribune: February 2, 2010

A common thread among several attempts to reform government and public schools this year is a sense that such efforts will succeed only if allowed to operate in the dark.

Nothing could be further from the truth. Lawmakers who think they can improve the public’s business by short-circuiting public disclosure will inevitably be disappointed. Read More

Bill advanced to make initiative petitions public
The News Tribune: February 2, 2010

A bill sponsored by Sen. Joe McDermott, D-West Seattle, was moved out of the Government Operations & Elections Committee this afternoon clarifying that initiative petitions are public records.

Senate Bill 6754 would include language on petitions that state "Signature petitions are public documents. By signing this document, your name, address, and signature may be released as part of a public records request." Read More

Fragile seniors, families need state's help
The News Tribune: February 2, 2010

The Seattle Times uncovered plenty that is appalling about the state’s adult family homes in a recent eye-opening series. But nothing was more damning than the way the newspaper had to go about reporting the story.

The Department of Social and Health Services was unable to answer critical questions concerning its regulation of the state’s 2,843 adult family homes – questions as seemingly basic as which homes had assaults on residents. Read More

Bills would let agencies keep public in the dark
The Spokesman-Review: January 28, 2010

Washingtonians who value open, accessible government have watched with dismay for several years as the state’s commitment to openness has been eroded, exemption by exemption.

At the urging of Republican Attorney General Rob McKenna and Democratic Auditor Brian Sonntag, a bipartisan push produced a special committee to examine the growing list of exemptions and recommend places where the trend could be reversed. Unfortunately, the committee has faced an uphill grind, and in the meantime, every legislative session brings a new round of proposed exemptions. Read More

Don't raid public records fines
The News Tribune: January 27, 2010

Lawmakers, under cover of helping the state archives, are seeking to shift the costs of illegal government secrecy to whistleblowers.

Identical bills in the House and Senate propose to redirect fines now paid to private citizens who prove public agencies erred in withholding records. The fines would go instead to the state archives account. Read More

If agencies follow law, problem disappears
The Olympian: January 27, 2010

State lawmakers must not overreact to a few bad actors who are trying to get rich off the state’s public disclosure law.

Sen. Darlene Fairley, D-Lake Forest Park, has introduced Senate Bill 6408, an ill-advised piece of legislation that would have a horrible chilling effect on this state’s Public Records Act and the ability of citizens to pry the records out of the hands of public agencies. Under her bill, litigants who successfully sue for public records might not recoup their attorney fees and any fines would go to the state archivist, not the person who filed the lawsuit. Read More

Public deserves 72 hours to see how money is spent
The Olympian: January 25, 2010

Rep. Gary Alexander is a determined man. He's determined to open up the budget process and let the public actually read and understand what programs are being cut and how tax dollars are being spent BEFORE legislators vote on the spending plan. Read More

Governor hides hundreds of documents
Columbia Basin Herald: January 21, 2010

Is Gov. Chris Gregoire constitutionally entitled to keep secrets from you? She thinks so.

The state Public Records Act mandates that all public records held by government agencies are to be available to the public, unless the record is specifically exempted from disclosure by law.

In order to encourage broad disclosure, the law states that an agency may only deny a request for a public record by citing a specific statutory exemption found in the Public Records Act or in some other statute. Unless a statutory exemption protects certain records or information, the record must be disclosed. Read More

Will sun set on Sunshine Committee?
Olympia Policy Watch: January 21, 2010

The House Committee on State Government & Tribal Affairs heard public testimony this morning on HB 2617: Eliminating certain boards and commissions. Among the boards targeted for elimination is the Public Records Exemptions Accountability Committee (a.k.a. Sunshine Committee).

This is not the first time the Sunshine Committee has been in the legislature's crosshairs. Last year Sen. Darlene Fairley (D-32) introduced SB 5119: Eliminating the public exemptions accountability committee. Read More

Petition signatures must see light of day
The Spokesman-Review: January 20, 2010

Almost every general election ballot in Washington state includes a sprinkling of initiatives or referendums put there by citizen petition drives.

One such initiative created the state’s groundbreaking public disclosure laws, which let citizens pry open the doors that government agents prefer closed. The Sunshine Laws, in force since the 1970s, still provoke resistance. Read More

Court, legislature both pondering initiative names
The Spokesman-Review: January 15, 2010

The U.S. Supreme Court will decide whether the names of Washington voters who sign a petition to put a law on the ballot can be made public, and subject to release.

The high court could hear the case of Doe vs. Reed as early as April, taking up the fight over the names and addresses of people who signed petitions to put Referendum 71 on last year’s November ballot. Read More

Public records reform introduced
Olympia Policy Watch: January 12, 2010

The recommendations of State Auditor Brian Sonntag's and Attorney General Rob McKenna's Open Government Task Force have taken bill form. HB 2736 and SB 6383 (Establishing the office of open records) was introduced this afternoon. According to the bills, a requester seeking relief from a records dispute may either use the new office of open records or the current legal remedies available. The major change, however, is that a requester would not be entitled to penalties for a records violation unless they first sought relief from the office of open records. Read More

Everett School Board newcomer crusades for new sense of openness
HeraldNet: January 9, 2010

The Everett School Board could air its meetings online or even on television if a newcomer has her way.

Jessica Olson, who was elected in November on a crusade for open government, hopes to convince her colleagues to broadcast their meetings perhaps on You Tube or on public-access TV
. Read More

Switch to day meetings splits Everett City Council
HeraldNet: January 8, 2010

With zero notice to the public, four Everett city councilmen decided Wednesday to immediately limit night meetings to only one per month.

The resolution was a surprise to the three council members who favored night meetings.
Read More

Lawmakers must ensure names of ballot-petitions signers are public record
Seattle Times: January 8, 2010

SIGNING a ballot petition is an act of civic activism — part of Washington's populist tradition of giving citizens a chance to second-guess elected officials or counter their indolence.

The names of people who sign ballot petitions, as in the case of last year's Referendum 71, should be a matter of public record. That's especially true in Washington where a voter-initiated law almost 40 years ago established that government documents are public unless there is a specific exemption that says they are not. Read More

U.S. Supreme Court will take R-71 case
The Daily World: January 7, 2010

The United States Supreme Court will decide whether people who signed Referendum 71 petitions should have their names publicly disclosed. That measure sought to overturn a new expanded gay rights law.

The justices said Friday they'll consider an appeal of a lower court's ruling that the names should be released. Legal scholars nationwide have been following the R-71 case, saying it could have broad implications for public disclosure laws. Arguments will take place in April. Read More

If you would like to support WCOG’s efforts in the Referendum 71 case, please click here.

Governor supports open records office
The Daily World: January 7, 2010

Gov. Chris Gregoire says she would support the creation of a new Office of Open Records, but says she doubts it’ll happen this year, given the state’s financial troubles.

“It costs money and we haven’t got a dime,” Gregoire said, noting the state’s $2.6 billion budget deficit
. Read More

Forecast for Washington Open Records laws: Cloudy
Seattle Weekly: January 6, 2010

It's not just our city that's enshrouded with fog. Legislators in Olympia have curtailed the laws guaranteeing the public access to government documents, commonly known as "sunshine laws," and might add a few more tweaks this year.

After legislators passed a bill during the last session giving governments the ability to deny felony inmates' requests, the Association of Washington Cities now wants to find ways to deal with non-felons who file obnoxiously broad and voluminous request. Read More

Lots of open government talk at Lakewood council meeting
The News Tribune: January 5, 2010

There was plenty of talk about government transparency at the Lakewood City Council meeting Monday.

As I reported last week, the city's management hopes lawmakers can figure out a way that cities can recoup some of the cost they endure from people who habitually request public documents, which can require one, maybe two staffers tending to a single request. Read More

A situation of bad timing
The Olympian: January 4, 2010

State Attorney General Rob McKenna has a new idea for settling disputes over the disclosure of public records.

He wants to create an Office of Open Records that would use hearings judges to resolve cases where the public and a government entity disagree whether a record is public or not. Read More




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