News
Open Government News

Executive session taping bill receives public hearing
Washington Policy Center: February 1, 2012

The Senate Committee on Government Operations heard public testimony today on SB 6109: Exempting video and audio recordings of closed executive session meetings from public inspection and copying. SB 6109 reflects a new strategy by the Attorney General and State Auditor to ensure that executive sessions aren't being misused in violations of the state's Open Public Meetings Act (OPMA).

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'Sunshine' panel wants candidates known
The News Tribune: February 1, 2012

Job applications for city managers, university presidents and top-paid positions at other government agencies would be open for public review under a proposal from the state’s “sunshine committee” that reviews exemptions in state public records law.

The measure, which received a Senate committee hearing Tuesday, would require that finalist applications for a job be subject to public disclosure after finalists are selected but before a hire is made.

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LA Supervisors, With Governor, Violate Open Meetings Law
The Huffington Post: February 1, 2012

It was so ho-hummed and matter-of-factly reported that few would sense its importance when reading it.

The district attorney's office found that the Los Angeles County Board of Supervisors had clearly - and rather flagrantly -- violated the state's open meetings law when it met with Democratic Gov. Jerry Brown in a secret, closed-door meeting last fall to iron out details for moving thousands of state prison inmates to county jails.

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Bill would limit public-record requests to state agencies
The Seattle Times: January 31, 2012

State lawmakers are exploring a plan that could limit how governments respond to requests for public documents, allowing them to get a court order if they can prove that a request creates a "significant burden."

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Arlington will fight felon in court over public records
HeraldNet: January 31, 2012

The City Council had a choice: Pay $500 to an inmate who claims that Arlington failed to quickly provide copies of his case file or be prepared to spend far more for the city attorney to continue the battle in court.

Council members voted unanimously last week to ignore the inmate's offer. Instead, they will fight the felon, who was convicted of three counts of child rape.

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Sex offenders' legal costs were kept secret from public
The Seattle Times: January 21, 2012

When The Seattle Times tried to find out how much money flowed to defense experts in civil-commitment cases here, it ran into two roadblocks.

King County Superior Court judges had improperly sealed hundreds of pages of court records that authorized public funds to hire the experts.

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In response to school board dispute, a lesson on open meetings
HeraldNet: January 24, 2012

What can and can't be discussed by elected officials in meetings closed to the public fueled much of the controversy on the Everett School Board last year.

Tensions rose so high that school board member Jessica Olson was censured twice by fellow board members. Olson said she was fighting for more openness and transparency.

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Holt wants Legislature under open meeting, records laws
News-Star.com: January 18, 2012

Sen. David Holt, R-Oklahoma City, has filed legislation to make the Oklahoma Legislature subject to the Open Meetings and Open Records Acts.   Those two statutes have long provided transparency to all levels of government, but not the Legislature, which exempted itself. 

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Indiana Tries To Put Teeth in The Sunshine Laws
The Art of Access Blog: January 17, 2012

Public employees who intentionally circumvented public meeting and disclosure laws could be subject to fines under legislation reintroduced in the Generally Assembly.

The bills would let a judge fine a person $100 for first offense and $500 for subsequent violations of the Open Door Law or Access to Public Records Act.

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State Auditor sheds light on local government finances
Washington Policy Center: January 17, 2012

State Auditor Brian Sonntag launched a new website today that allows citizens to quickly find data on local government finances.

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In Our View: The Public's Rights
The Olympian: January 15, 2012

Did the new Olympia City Council begin the new year with an illegal council meeting?

Unfortunately, members of the public will never know the answer to that question because there is no audio or video record of what went on behind closed doors.

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In Our View: The Public's Rights
The Columbian: January 13, 2012

Before they get deeply engrossed in deliberations over a sales tax increase, legalizing marijuana or approving gay marriage, Washington’s legislators should do themselves and their constituents a favor by reviewing this powerful passage from the Revised Code of Washington...

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Snoqualmie Valley Hospital commissioners might consider increasing meetings
The SnoValley Star: January 11, 2012

In 2011, the elected board of commissioners overseeing Snoqualmie Valley Hospital held 14 special meetings — meetings requiring only 24 hours of notice to the commissioners and media outlets with a standing request for notice.

The commissioners made big decisions during at least five of the meetings — decisions ranging from approving a $15 million bond sale to approving agreements for construction of the district’s planned $37 million new facility.

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TVW Introduces SCOUT
The Thicket: January 10, 2012

TVW, the Washington state public affairs network, is offering an innovative service to citizens who want to follow public policy issues and the legislative process. This new tool, called SCOUT, allows the public to easily keep track of issues. SCOUT will track video and bill information and automatically send it to those who open a free account.

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Editorial: Legislature offered ways to shore up records act
The Spokesman Review: January 7, 2012

The Washington Coalition for Open Government has announced an ambitious agenda for this legislative session. It would be less ambitious if lawmakers hadn’t steadily eroded the Public Records Act since it was overwhelmingly adopted by voters in 1972.

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Federal Court Rejects Texas Legislature's Claim of Legislative Privilege
The Thicket: January 6, 2012

Earlier this week a federal district court judge in Washington, D.C. ordered the Texas Legislature to hand over documents that it had withheld in a dispute over redistricting maps. The Justice Department and plaintiffs sought access to the documents prepared by legislators and legislative staff. The Legislature claimed that the documents were protected by legislative privilege and an attorney-client relationship between the staff of the Texas Legislative Council and the members of the Legislature.

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Recording closed meetings could assure public trust
HeraldNet: January 6, 2012

One of the more tumultuous stories here in recent years has revolved around the Everett School Board and its members' apparent inability to agree on much beyond their deep-seated animus for each other.

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Seattle sues attorney over public records request
KOMO 4 News: January 4, 2012

On the heels of a scathing federal review of Seattle police practices, dash-cam video is once again at the center of a firestorm at City Hall.

This time, the city is suing an attorney who wanted dash-cam videos connected to alleged police misconduct.

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State auditors: Whatcom council violated public meetings law in 2010 with email exchanges
The Bellingham Herald: December 29, 2011

Whatcom County Council violated state open public meetings law in 2010 when it held email ‘meetings’ that should have been open to the public because a quorum was present and members were discussing business, state auditors said.

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Some Franklin annexation public records may not be received until 2016
The Tri-City Herald: December 28, 2011

A vocal critic of Pasco's plan to annex the Franklin County doughnut hole area using a new process may not receive some documents he has asked Pasco for until 2016.

The 16 requests Roger Lenk has filed were outlined to the Pasco City Council last week.

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Everett School Board plans a meeting about meetings
HeraldNet: November 25, 2011

Controversy has swirled around the Everett School Board all year over openness and transparency.

The school board now plans to hold a forum early next year to have outside experts discuss issues such as the state Open Public Meetings Act and the steps involved in getting records from government agencies.

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Prison Bars: Washington Court Finds Inmate's Public Records Lawsuit-Time Barred
Local Open Government Blog: November 18, 2011

A Washington State Court of Appeals recently held that an inmate’s public records lawsuit against the State of Washington Department of Corrections (“DOC”) was time-barred, and therefore properly dismissed. Johnson v. Wash. State Dep't of Corrections, Case No.40831-7-II, 2011 WL 5345375 (Wash. Ct. App. Nov. 8, 2011).

Inmate Robert Johnson's claim concerned the DOC’s Extended Family Visiting policy (“EFV”). The EFV policy allows an offender to receive private visits from family. Under early versions of the policy, inmates could participate in the EFV program only if they had a “positive prognosis of release”, that is if they would outlive their sentence.

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9th Circuit says R-71 petitions can be released
Seattle Post-Intelligencer: November 17, 2011

The 9th U.S. Circuit Court of Appeals has denied a request from gay-marriage opponents to block further release of Referendum 71 petitions while they appeal a prior court decision.

Referendum 71 was the unsuccessful attempt in 2009 by Protect Marriage Washington to repeal the state's "everything but marriage" law, which granted same-sex domestic partners the same rights and benefits of married couples.

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Open government groups call for Supreme Court to televise health care oral arguments
National Freedom of Information Coalition: November 16, 2011

Today Citizens for Responsibility and Ethics in Washington (CREW) and a broad coalition of organizations called for the Supreme Court to allow the live telecast of the unusual 5½ hours of oral arguments in the cases surrounding the Patient Protection and Affordable Care Act. Allowing cameras in the courtroom would provide every American the opportunity to hear and assess the arguments in real time. In the alternative, Americans will be forced to rely only on after-the-fact news reports, or wait for the Court to release audio recordings afterwards.

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Pierce detective sues county, claims Lindquist stonewalling
The News Tribune: November 7, 2011

A Pierce County sheriff’s detective who previously filed a claim for damages against Prosecutor Mark Lindquist now is suing the county, contending Lindquist’s office inappropriately withheld what she believes are public records.

Representatives from Lindquist’s office last week characterized the lawsuit brought by Glenda Nissen as harassment and said the records she seeks contain private information that would be harmful to disclose.

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Judge should make privacy call
The News Tribune: November 6, 2011

As new technology makes communication easier, it complicates efforts to monitor the official activities of public officials. It also complicates the efforts of public officials to have the private lives they deserve.

We write in today’s South Sound section about a lawsuit brought by a Pierce County sheriff’s deputy denied full access to private cellphone records of the county prosecutor. Deputy Glenda Nissen requested a log of calls and text messages Prosecutor Mark Lindquist made from his private cellphone, which he also uses for public business.

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Names released of people who signed Bellingham anti-traffic camera initiative
The Bellingham Herald: November 4, 2011

City Council member Seth Fleetwood didn't just vote against allowing traffic-enforcement cameras, he signed a petition for a local initiative restricting them.

So did the candidate challenging him, Larry Farr, who says he opposes the red-light cameras and school-zone speed cameras.

Their names were among thousands on petitions for the anti-camera initiative, which is on the Nov. 8 general election ballot in Bellingham. The 6,775 names on the petitions were released to The Bellingham Herald by the Whatcom County Auditor's Office and the city of Bellingham. The Herald filed public disclosure requests seeking them.

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Niners block further release of R-71 petitions
The Seattle Post-Intelligencer: October 24, 2011

The U.S. 9th Circuit Court of Appeals has issued a temporary injunction barring further release of petitions on Referendum 71, the unsuccessful 2009 measure that would have repealed Washington’s domestic partnership laws.

The appellate court refused a request by Protect Marriage Washington to take up the case itself, leaving it in the hands of Tacoma-based U.S. District Judge Benjamin Settle.

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State stops releasing Ref. 71 petitioner names
The Seattle Times: October 21, 2011

Pending a hearing Monday by the 9th Circuit Court of Appeals, the Secretary of State's Office has stopped releasing Referendum 71 petition names to the public after a conservative religious group filed an emergency motion with the court.

The decision follows a Monday ruling by U.S. District Court Judge Benjamin Settle that Protect Marriage Washington had failed to prove the 137,500 signers of Referendum 71 petitions would be subject to harassment if their names were released.

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Citizen lawmakers are part of open government
The Seattle Times: October 21, 2011

CURIOUS how these things turn out. The sponsors of Referendum 71 in 2009 had no qualms with harsh judgments about the private lives of thousands of Washington families. Those same people who sought repeal of an expansion of the state's domestic-partnership law were quick to race to court when they felt their efforts might attract scrutiny.

This week a federal judge in Tacoma lifted an injunction on the release of the 137,500 signatures collected to put R-71 on the ballot. U.S. District Court Judge Benjamin Settle basically said Protect Marriage Washington never made a serious case for harassment — real or imagined.

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Judge rules to release names of Ref. 71 petition signers
The Seattle Times: October 17, 2011

A federal judge on Monday issued a ruling to release the names of 137,500 people who two years ago signed Referendum 71 petitions to bring the state's domestic-partnership law to a vote.

The Secretary of State's Office said it would release the names immediately.

In his ruling, U.S. District Judge Benjamin Settle of Tacoma said that Protect Marriage Washington, a religious conservative group that had sought to keep the names sealed, failed to show that signers would be harassed if the names were disclosed.

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ALEC Adopts Principles of Legislative Transparency
Washington Policy Center: October 17, 2011

Members of the American Legislative Exchange Council (ALEC) have formally adopted "Principles of Legislative Transparency" to help guide how lawmakers conduct public business. ALEC is the nation's largest nonpartisan, individual membership organization of state legislators, with more than 2,400 legislator members from all 50 states, and 86 former members serving in the U.S. Congress.

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Seattle police records increasingly less accessible for public accountability
The Seattle Times: October 16, 2011

DURING the past few years, Seattle police officers have been involved in countless controversial incidents that have caught the attention of residents, activists and journalists.

During those same years, the Seattle Police Department has been creating a disturbing crime-information system that is far more ominous than the high-profile cases that grabbed headlines.

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Port of Longview cancels commissioners meeting
The Daily News: October 14, 2011

The Port of Longview cancelled its planned Friday afternoon commissioners' meeting at the KLTV studio in Longview after The Daily News questioned whether the meeting was legal under the state's open meetings law, port officials announced Friday.

According to a Friday notice from the port, the meeting will be rescheduled, but a new date and venue have not been determined.

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As Indian Gas-Tax Payments are Questioned, Secrecy Deepens
Washington State Wire: October 10, 2011

As questions are being raised about the state’s multi-million-dollar distributions of gas-tax money to Indian tribes, the state Department of Licensing has drawn the veil of secrecy tighter.

Last month the department stopped releasing information about the amount of public money that is given to each individual Indian tribe. All that any Washington taxpayer now can learn is the total figure –  $28,142,452 last year, and growing.

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Judge should allow release of initiative-petition signatures
The Olympian: October 10, 2011

All eyes are on U.S. District Judge Benjamin Settle in Tacoma as people await his decision on whether the names of people who sign initiative and referendum petitions should be made available to the public.

Settle is expected to rule in the next few days.

If this sounds familiar, it’s because this case – those who opposed rights for same-sex domestic partners versus state attorney – has been kicking around the courts for more than two years. The case, Doe vs. Reed, already has been all the way up to the U.S. Supreme Court once, where justices supported the state law that allows for the disclosure of the names.

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Executive sessions: When is it OK for officials to go behind closed doors?
HeraldNet: October 7, 2011

The Aug. 23 fracas during a closed-door meeting of the Everett School Board cast a bright light on the what state law allows during executive sessions. Pushing, shoving and fighting among public officials? Nope. Private discussions about an employee's job performance, real estate transactions or national security? Absolutely. When is it OK for a school board, a city council or leaders of other public agencies to go behind closed doors, and what business may they do there?

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Man sues, says SPD conceals dash-cam videos
The Seattle Times: October 5, 2011

Eric Rachner is doing everything he can to make the Seattle Police Department regret his arrest three years ago while playing a game of "urban golf" on Capitol Hill.

Even though the charges were dismissed, the 35-year-old owner of a computer-security company has dedicated his expertise to expose what he says are gaping holes in the Police Department's public-disclosure and video-retention policies. In 2010, he won a $60,000 public-disclosure judgment against the department for denying it had dashboard-camera recordings of his arrest as well as logs of the recordings, when it did.

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Opinion | One-on-one talks are minefield for elected officials
Snoqualmie Valley Record: October 4, 2011

Snoqualmie’s seven council members can’t carbon-copy each other on e-mails anymore, thanks to Jodi Warren.

The Snoqualmie City Clerk takes the spirit of transparency rules very seriously, so around the time she started at City Hall, she banned the practice of multiple c.c.s. She did it because such e-mails between elected officials who vote on public matters are a form of discussion. That discussion is supposed to take place in chambers, not on computer keyboards.

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Judge: Ruling on Doe v. Reed R-71 disclosure case in 2 weeks
From Our Corner: October 4, 2011

U.S. District Judge Benjamin Settle says he will rule within two weeks on a request from gay-marriage foes that he permanently seal Referendum 71 petitions from public access.  Settle didn’t indicate how he will rule, but did say at one point from the bench Monday that the record submitted by challengers is “devoid” of direct evidence of harassment that could result if the petitions are released.

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Doe vs Reed: The Next Chapter
The Seattle PI: October 2, 2011

Today Doe v. Reed continues. Anne Levinson shared the following summary of Doe v. Reed with me. Anne Levinson chaired the Approve 71 campaign to defeat the attempted repeal of the State’s comprehensive domestic partnership law. She was one of Washington State’s first openly LGBT public officials, serving as a judge, as chair of the State’s public utilities commission, and as legal counsel to the Mayor, Chief of Staff and Deputy Mayor in the City of Seattle.

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Fight resumes over releasing Ref. 71 names
The Seattle Times: October 2, 2011

He's known in federal-court documents as John Doe #2, a former youth pastor and unabashed opponent of gay marriage who two years ago signed a petition to put benefits for same-sex couples up to a statewide vote.

Doe is unnamed because Protect Marriage Washington, the conservative organization that ran the Referendum 71 campaign to roll back those benefits, worries about harassment and reprisals against him and 137,500 others who signed the petition.

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Records ruling costly for county
The Spokesmen-Review: September 30, 2011

A public records request about a seating chart may cost Spokane County more than $100,000 under a state Supreme Court ruling released Thursday.

The high court overturned two lower courts’ dismissals of a 2006 lawsuit by the Neighborhood Alliance of Spokane County.

The nonprofit organization was trying to determine whether then-County Commissioner Phil Harris’ son Steve was given a county job before the formal hiring process began.

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High court warns of higher fines over record searches
The Seattle Times: September 29, 2011

Government agencies could face higher penalties if they fail to properly search for documents in response to public-records requests, the state Supreme Court said Thursday.

In their 7-2 decision, justices said an inadequate search might be considered an aggravating factor in calculating daily penalties. The court said agencies must search for records in all areas where they are reasonably likely to be found.

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SPD ordered to pay $20K for denying records in excessive-force complaint
The Seattle Times: September 28, 2011

A King County judge on Wednesday ordered the Seattle Police Department to pay a penalty of nearly $20,000 for denying public records to a 72-year-old antiques dealer.

Turner Helton sought the records in 2010 after a department internal investigation cleared two officers of misconduct in a 2009 incident in which Helton complained he was the victim of excessive force.

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State employee compensation now available in a searchable format
Washington Policy Center: September 20, 2011

The Office of Financial Management (OFM) and the Legislative Evaluation and Accountability Program Committee (LEAP) have worked together to make the state's 2011 Personnel Detail available on the state's budget transparency website (www.fiscal.wa.gov) in a searchable way.

This has been one of our top priorities since www.fiscal.wa.gov was launched in 2008. Many thanks to OFM and LEAP for their efforts to make this happen and their commitment to provide future year's data in the same searchable format.

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KOMO sues Seattle police over public records
KOMO: September 19, 2011

For more than a year, our Problem Solver investigators have been fighting for access to the department's database of dashcam videos.

The lawsuit, filed in King County Superior Court, contends the police department has intentionally and illegally stonewalled the Problem Solvers over and over again.

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Open government group honors state senator
Yakima Herald: September 14, 2011

The Washington Coalition for Open Government presented its Key Award to state Sen. Jim Honeyford, R-Sunnyside, Wednesday in Olympia for his efforts to improve transparency in the Legislature.

Honeyford, who has represented the 15th Legislative District since 1995, has been a vocal critic of efforts by some in the legislative leadership to obscure the lawmaking process from the public, the coalition said in a news release.

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Sen. Honeyford wins open government award
Washington Policy Center: September 14, 2011

The Washington Coalition for Open Government presented Sen. Jim Honeyford with its Key Award today for his efforts to improve legislative transparency this past session.

I had the privilege of providing Sen. Honeyford with the Key Award on behalf of the Coalition on the floor of the state Senate this morning.

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State Auditor Brian Sonntag to retire
Washington Policy Center: September 12, 2011

In a surprise announcement, State Auditor Brian Sonntag has decided to retire at the end of his term in 2012. From his email:

In the past week, I made a difficult decision not to seek re-election as Washington State Auditor in 2012. It was a tough call, but it is the right decision. At the end of my current term, I will have served 20 years in this Office and 40 years in public service - 35 in elected office.

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Does Navy depot pose a danger to public
The Seattle Times: September 11, 2011

It's been eight years since Glen Milner first asked the Navy just how big an explosion could be triggered by an accident or an attack at its munitions depot on Indian Island.

Might flying steel fragments blast downtown Port Townsend, just a couple of miles across the bay? What is the emergency response plan at the military's biggest ordnance-storage site on the West Coast?

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Judge won't let city release fraud investigation
The Seattle Times: September 1, 2011

A King County Superior Court Judge declined Thursday to allow the city of Seattle to release its investigation into the Aging and Disability Services Division's handling of fraud allegations, despite what he said was a "strongly-worded mandate" in state law to disclose public records.

Judge Bruce Heller said the investigation report contained allegations of employee misconduct and was of legitimate public interest, but he agreed to delay the report's release pending an appeal by the two employees named in it.

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SPD changes tune on release of misconduct-probe records
The Seattle Times: August 31, 2011

In a major reversal, the Seattle Police Department has dropped a court fight to keep a 72-year-old antique dealer from examining records of an internal investigation that cleared two officers of using excessive force on him during a confrontation at his business.

The decision to release the records comes at a time when the department is conducting a broad review of its public-disclosure policies after a landmark Aug. 18 state Supreme Court ruling in a different case that required greater public access to investigative reports involving police officers.

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School board fracas latest bump in years of debate
HeraldNet: August 29, 2011

The Aug. 23 brawl involving three Everett School Board members came after a long-running debate over how things are supposed to operate at the school district.

It may be weeks before a decision is reached on whether anyone will face charges out of the fracas.

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Impotent Sunshine Committee likely faces ignoble demise
The Olympian: August 28, 2011

It looks like the Sunshine Committee might sail off into the sunset. That would be understandable, but a shame, nonetheless.

The Public Records Exemptions Accountability Committee, also known as the Sunshine Committee, was created in 2007 at the request of Republican Attorney General Rob McKenna and with support from leading Democrats such as Lynn Kessler, the former House majority leader from Hoquiam who also sits on the committee

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Everett School Board dust-up revives debate over recording closed-door meetings
HeraldNet: August 28, 2011

When Everett School Board member Jessica Olson turned on a video camera during an executive session Tuesday, she set in motion a chain of events that ended in a physical confrontation with two of her colleagues, and a police investigation.

Some in Everett blame Olson for the fracas by recording a closed-door meeting. Elsewhere in Washington, the idea of recording all executive sessions has powerful allies, including the state attorney general and auditor.

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Everett School Board seeks opinion on video recording of its meetings by board member
HeraldNet: August 23, 2011

A school district that once secretly videotaped one of its classroom teachers is now questioning Everett School board member Jessica Olson's right to videotape public meetings and her interactions with school district staff.

Tuesday, Olson's four fellow school board members expect to vote on whether to air an attorney's opinion on the legality of the videotaping.

The issue arose last month after some on the board complained. They asked for a legal analysis.

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A case of executive overreach
HeraldNet: August 23, 2011

Our state's public records act leans heavily in favor of disclosure, and for good reason. It was enacted by voters in 1972 as an expression of their insistence on open government.

Under that law, records produced or held by government -- official documents, memos, emails, databases, audio recordings, etc. -- are open to the public unless another law specifically exempts it.

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Uneven post-9/11 data-cloaking persists
The Seattle Times: August 22, 2011

Take a virtual tour of New York on Google Maps and some blurry images appear.

As you zoom down in satellite view, what looks like the crisp outline of the airport terminal near upstate Buffalo dissolves into a fuzzy white blob. Instead of cars, blotches of color sit in the main parking lot.

Swing southeast 140 miles to the prison in Elmira, near the Pennsylvania border, or the atomic research lab in Schenectady, about 180 miles northeast from there - and the images hide behind the same type of blur.

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Review panel could be eliminated
The Seattle Times: August 22, 2011

The state’s advisory Sunshine Committee has never rocked the government’s boat much as it reviews a dozen or so of the 300-plus exemptions in state records-disclosure law every year.

But the advisory group’s work is now moving so slowly that two members say the low-budget committee is at risk of being killed off by lawmakers.

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Governor's privilege in hands of state court
The News Tribune: August 21, 2011

It’s hard to believe, but a recent court ruling essentially allowed our governor to wave a magic wand over public documents and make them private.

Last week, the libertarian Freedom Foundation appealed that Thurston County court ruling, which allowed Gov. Chris Gregoire to withhold public records simply by asserting an executive privilege to do so. The Freedom Foundation filed the lawsuit against Gregoire in April after she refused to turn over documents related to the Alaskan Way Viaduct and other matters.

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State Supreme Court orders broad disclosure of police records
The Seattle Times: August 18, 2011

In a landmark decision, the state Supreme Court ruled Thursday that investigative reports into alleged misconduct by police officers must be made public even if the accusations are not upheld.

Eight of the nine justices found that the reports can't be withheld on privacy grounds because the public has a "legitimate interest" in knowing how the allegations were investigated.

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Ex-Medina Police Chief Jeff Chen and Council Member Sue to See Town's Vanished Records
Seattle Weekly: August 12, 2011

​In the tradition of its dysfunctional past, the gold-plated city of Medina is refusing to disclose public records to its controversial former police chief and a city council member who has actually already read the sought records but was forced to return them and then told they no longer existed.

Medina, as Seattle Weekly reported last month, is the high-security Eastside residential enclave of billionaires--Bill Gates and Jeff Bezos among them--that fired Chief Jeff Chen last year. Among other charges, he allegedly fixed speeding tickets by secretly writing memos under other officers' names.

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Everett School Board confounded by member's video camera
HeraldNet: July 15, 2011

What is it with the Everett School District and video cameras?

Summer 2008 brought controversy over a surveillance camera hidden in the ceiling of a Cascade High School teacher's classroom. Now, a camera again is creating conflict -- with a twist.

The flap three years ago focused on revelations that school district leaders used a hidden camera as part of an attorney-supervised investigation of former English teacher Kay Powers. The camera was secretly installed to determine what Powers and a handful of students were doing nights and weekends in her classroom. By then, the district knew Powers was ignoring the rules and using district resources on an underground student newspaper.

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Court to review decision that blocks release of disciplined cops' names
The Seattle Times: July 13, 2011

In a setback for the Seattle police union, a King County Superior Court judge agreed Wednesday the court should review an arbitrator's decision that ordered the Seattle Police Department to stop releasing the names of officers disciplined for misconduct.

Chief Civil Judge Laura Inveen rejected a request from the Seattle Police Officers' Guild to let the arbitrator's decision stand, noting an "evolution" in court rulings in the past few years that has led to "broader and broader" interpretations of what should be disclosed under the state's public-records law.

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Mercer Island fined over withholding documents in firing case
The Seattle Times: July 10, 2011

A federal judge has fined Mercer Island $90,560 for withholding documents from a former city official who claims she was fired in retaliation for challenging sexual harassment in City Hall.

U.S. District Court Judge James Robart ruled the city's failure to provide records to Londi Lindell "constituted a negligent, reckless, wanton or intentional noncompliance" with the state Public Records Act.

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NRC, nuke industry criticized for skirting public
Tri-City Herald: July 10, 2011

When a nuclear watchdog group asked the Nuclear Regulatory Commission for a study on leaks of radioactive water at the Vermont Yankee plant, it was told the NRC had seen the report but had never officially taken custody of it - so it wasn't public.

Critics say it's a style of communication between regulator and regulated that cuts out the public and even state regulators trying to track leaks of tritium, a radioactive form of water linked with cancer when ingested in high amounts.

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Legislators’ vital work veiled from public’s eye
The Boston Globe: July 8, 2011

Not every state legislature operates this way. Colorado is one of many states where all meetings, including party caucuses and committee meetings, are held in the open unless they involve personnel issues.

New Hampshire is one of six states to enshrine a right to open government in its constitution. There, every bill gets a public hearing, and all committee votes are taken in the open.

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In closed-door meeting, City Council to hear options for traffic cam initiative Monday
Bellingham Herald: July 7, 2011

Bellingham City Council on Monday is scheduled to hear from the city’s attorney behind closed doors on the initiative restricting red-light cameras.

I talked with Mayor Dan Pike earlier today, and he said that while he believes the city should not challenge the initiative in court, he is obligated to present all options to the council, including that of suing to keep it off the ballot. He noted that the council is an independent body that has surprised him before, but he said he’d be very surprised this time if they decided to challenge the initiative.

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Richland may have violated open meetings law
Tri-City Herald: June 29, 2011

A meeting Tuesday in which the Richland City Council interviewed prospective candidates for a city board may have been illegal for lack of notice.

The council met for more than two hours to interview nine candidates for the Richland Public Facilities District Board, which oversees development of the Hanford Reach Interpretive Center.

Six council members -- Mayor John Fox, Mayor Pro Tem Ed Revell, Councilmen Bob Thompson and Phil Lemley, and Councilwomen Sheila Sullivan and Sandra Kent -- were present for the meeting. Councilman Dave Rose was absent.

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Judge's ruling weakens state Public Records Act
Tri-City Herald: June 29, 2011

Good luck to Thurston County Superior Court Judge Carol Murphy.

She'll need it to follow through on her interpretation of the state Constitution.

Earlier this month, Murphy ruled that Washington's governor can invoke executive privilege to justify withholding government documents from a public records request.

Determining that an executive privilege exists under the state Constitution is just the first step in a controversial case that looks alarmingly like an attempt to legislate from the bench.

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Puyallup council skirts law with small-group meetings
The News Tribune: June 28, 2011

The Puyallup City Council is flirting with trouble under the guise of efficiency.

Council members meet monthly with the city administration in closed-door meetings designed to avoid a council quorum – and therefore the state’s open meetings law.

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Judge Fines City $90,560 for Public Records Act Violations
Mercer Island Patch: June 27, 2011

A Federal judge has fined the City of Mercer Island nearly $100,000 in fines for violating the Public Records Act (PRA).

The June 26 ruling by U.S. District Court Judge James L. Robart held the city responsible forillegally withholding several public records for an average range of 842 to 882 days from former Deputy City Manager and Attorney Londi Lindell. She alleged the city withheld certain documents that were vital to her case against the city for violating her civil rights in dismissing her in 2008.

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Local Government Meets the New Media
Reason Foundation: June 24, 2011

If you’ve been following Reason.com or Reason.tv for the past 48 hours you will know that Jim Epstein, a Reason TV reporter, was one of two journalists arrested Wednesday for videotaping a meeting of the Washington D.C. Taxi Commission.

Epstein and Pete Tucker, who blogs for TheFightBack.org, a site that spotlights local D.C. issues that affect minorities and low-income residents, were reporting from what was expected to be contentious meeting as the Taxi Commission was set to address a plan to introduce a medallion system for the District.

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Closed-door gatherings in Puyallup raise questions
The News Tribune: June 24, 2011

Puyallup City Council’s practice of meeting with the city manager in small groups out of the public eye has irked some residents. One council member declines to attend, citing concerns about the appearance of openness.

Tim Shirts, a council watchdog and critic, said the public has a right to know what members talk about.

“If they’re allowed to meet behind closed doors, then we can’t hold them accountable for their decisions because we don’t know how they’re reaching their decisions,” Shirts said.

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New Laws Push Government Transparency, Protect Privacy
The Texas Tribune: June 22, 2011

It's a tough balance to strike for state officials: promoting government transparency on the web while protecting people's private information.

Lawmakers just wrapping up the 82nd legislative session are hoping they did that in the wake of high-profile data breaches that left the personal information of millions of current and former state employees exposed for a year. Open government laws that passed this year will both require state agencies to put more information online and restrict some private information about individual.

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State Public Affairs TV Networks Buoyed By FCC Report
The Thicket at State Legislatures: June 22, 2011

State public affairs television networks, commonly referred to as "state C-SPANS," recently got a boost from the Federal Communications Commission's Working Group on the Information Needs of Communities. It issued a new report “addressing the rapidly changing media landscape in a broadband age.”

Paying particular attention to the report was NAPAN, the National Association of Public Affairs Networks, which are the state public affairs television networks in the states. (Note: NCSL supports and occasionally provides assistance to NAPAN.) We asked Paul Giguere, president of NAPAN, to comment on the findings.

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Rules fall short of a Public Records Act for courts
The News Tribune: June 21, 2011

Judges, for all the accountability they demand of others, are gallingly immune from scrutiny themselves.

Their rulings may be public, but how judges conduct themselves off the bench is a matter of some mystery. As recently as 2009, the state Supreme Court reaffirmed – in a case out of Federal Way – that judicial administrative records are exempt from the state Public Records Act.

The Board for Judicial Administration has purportedly set out to change that. Proposed rules, released for comment last week, would establish the first ground rules for public access to the behind-the-scenes operations of courts.

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Extra Fizz: Holmes Says Names of Disciplined Officers Should be Public
Publicola: June 21, 2011

This morning, City Attorney Pete Holmes filed a petition in King County Superior Court asking the court to overturn an arbitrator’s ruling requiring the city to withhold the names of Seattle police officers who have been disciplined for misconduct on the beat.

Holmes argues that the ruling violates the state’s public disclosure law, which requires the city to disclose the names to meet public records requests.

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Rules fall short of a Public Records Act for courts
The News Tribune: June 21, 2011

Judges, for all the accountability they demand of others, are gallingly immune from scrutiny themselves.

Their rulings may be public, but how judges conduct themselves off the bench is a matter of some mystery. As recently as 2009, the state Supreme Court reaffirmed – in a case out of Federal Way – that judicial administrative records are exempt from the state Public Records Act.

The Board for Judicial Administration has purportedly set out to change that. Proposed rules, released for comment last week, would establish the first ground rules for public access to the behind-the-scenes operations of courts.

Read More »

Judge: Gregoire can claim 'executive privilege'
Seattle Post-Intelligencer: June 17, 2011

Washington's governor can claim "executive privilege" as a reason to withhold records from the public even though it is not listed as a specific exemption under state law, a judge ruled Friday.

Thurston County Superior Court Judge Carol Murphy said in her decision that she wants to hold another hearing to determine whether Gov. Chris Gregoire properly asserted the claim in blocking the release of documents to a Libertarian think tank. The governor's office has proposed rules on how to make that determination.

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Thurston County judge's ruling recognizes executive priveleges
Freedom Foundation: June 17, 2011

Thurston County Superior Court Judge Carol Murphy ruled against the Freedom Foundation today, determining that executive privilege can be asserted by the governor to withhold records from a public records request.

The Freedom Foundation filed its lawsuit against Gov. Christine Gregoire on April 4, challenging the governor’s use of executive privilege and asking the court to rule that the privilege was not an exemption to the Public Records Act. Judge Murphy ruled that executive privilege does exist, with some limitations, but left open the question of whether or not it would apply to the documents at issue in this case. A second hearing to address this issue will be scheduled in the near future.

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Secrets legitimate and not, defined by records law
HeraldNet: June 3, 2011

This is a story about two Snohomish County secrets. A judge said one should be revealed. Justice demanded another be kept quiet, for years.

Since it was approved by Washington's voters in 1972, the state's public records law has been billed as a tool to keep government accountable. Most often it's seen as an instrument for wresting documents and data from government agencies.

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Hill analysis: Agencies' FOIA responses seem to have no guide
The Hill: June 3, 2011

Government responses to Freedom of Information Act (FOIA) requests vary widely, with some federal agencies refusing to release data that others provide in a timely fashion, according to an analysis by The Hill.

More than six months ago, The Hill filed FOIA requests for over 70 federal agencies’ FOIA logs.

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California Constitutional Provision Awaits Vote...
The Art of Success Blog: June 2, 2011

The California Senate has unanimously approved a constitutional amendment authored by Sen. Leland Yee, D-San Francisco, to ensure public bodies follow requirements to post agendas and to disclose any actions taken.

If approved by two-thirds of the Assembly, Senate Constitutional Amendment 7 would go before voters during the next statewide ballot.

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New look for Digital Archives website
From Our Corner: June 1, 2011

Once in awhile, everyone or everything needs a new look. Even our state’s award-winning Digital Archives.

Located in Cheney, the Digital Archives facility has unveiled its new website design. Check out the revamped website here.

Among the many slick features with this new look:

•    Enhanced layout and search capabilities on the home page.
•    Collections page user interface updated for cleaner and more intuitive interactions.
•    Updated audio search with greater cross browser compatibility.
•    Search page interactions faster and more fluid.

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Government performance website may not meet congressional requirements
NextGov: May 27, 2011

Without additional funding, the Office of Management and Budget may be unable to meet the October 2012 deadline Congress gave it for producing an easily searchable public website detailing the performance of all government programs, an administration official said.

That website, Performance.gov, is funded through the federal electronic-government fund. The fiscal 2011 appropriation for that fund was cut from $35 million to $8 million in the frantic bartering between the Obama administration and House Republicans that averted a government shutdown in April.

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Harassing climate-change researchers
The Washington Post: May 29, 2011

FREEDOM OF information laws are critical tools that allow Americans to see what their leaders do on their behalf. But some global warming skeptics in Virginia are showing that even the best tools can be misused.

Lawyers from the Environmental Law Center at the American Tradition Institute (ATI) have asked the University of Virginia to turn over thousands of e-mails and other documents written by Michael E. Mann, a former U-Va. professor and a prominent climate scientist. Another warming skeptic, Virginia Attorney General Ken Cuccinelli II (R), recently demanded many of the same documents to determine whether Mr. Mann somehow defrauded taxpayers when he obtained research grants to study global temperatures.

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Session has its winners, losers
Spokesman-Review: May 29, 2011

In a legislative marathon that stretched 30 days longer than expected, the 2011 Washington Legislature may have produced an extra helping of winners and losers.

How big the victories and how bitter the losses may not be known for some time, but it is clear under which column some legislators, groups and ideas fell.

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Arbitrator's ruling shields disciplined officers
The Seattle Times: May 25, 2011

City attorneys said Wednesday they are studying their legal options after a labor arbitrator, acting at the request of the Seattle police officers union, ordered the Police Department to stop releasing the names of officers found to have engaged in misconduct.

The city said it was considering a court appeal of the decision, which could hinge on the Police Department's legal obligations under state public-disclosure laws.

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OMB to cut two transparency programs, suspend others
NextGov: May 24, 2011

Two transparency initiatives and numerous improvements to open government programs will be scrapped as a result of a 75 percent funding cut lawmakers agreed to in April to avert a federal shutdown, officials said Tuesday.

Federal Chief Information Officer Vivek Kundra's office will cancel Fedspace, a collaborative site where government officials could network and share thoughts, concerns and best practices related to technology projects, according to a letter Kundra sent Tuesday to Sen. Tom Carper, D-Del., chairman of the subcommittee on Federal Financial Management.

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Council should put open-government law on a billboard
The News Tribune: May 22, 2011

Want a great example of the benefits of open government and public process? Look at the issue of digital billboards in Tacoma.

An awkward retreat was sounded by the City Council last week when it approved a six-month moratorium on any new billboard permits. The explanation was that the council needed to take a breath and give more consideration to new regulations.

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Open Government Initiatives Evaluated by New Assessment Tool
Government Technology: May 13, 2011

A new Microsoft Excel-based software tool is enabling federal, state and local agencies to quickly assess the public value of their open government initiatives.

Called the Open Government Portfolio Public Value Assessment Tool (PVAT), the evaluation system was created by the Center for Technology in Government at the University of Albany. Released on May 9, the tool provides a series of questions that take agencies through a review of their existing and proposed open government plans to ensure that resources are being used on those initiatives with the greatest promise.

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Actions of Sheriff's Office may violate state open government laws
Vanvoice Blotter: May 9, 2011

The quest for public records is getting serious as the Clark County Sheriff’s Office (CCSO) seems unable to fully explain its decision to withhold public records or why it agreed to let a private company decide which public records are disclosed.

The CCSO formally denied a public records request I filed in mid-April and is potentially withholding requested records identified in a seperate late April request.

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In searching for new UW president, secrecy was a must
Crosscut: May 6, 2011

As a participant on the Presidential Search Committee for a new leader at the University of Washington, I feel I'm in a good position to address a controversy about the need for confidentiality in such searches, even in public universities.

There was a time when the job of the president was substantially different for public and private universities, especially in terms of fund-raising, broadly defined.

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Allied Daily Newspapers is not in favor of allowing $0 per day records-violations penalties
The Bellingham Herald: May 5, 2011

Allied Daily Newspapers supported raising the per-day penalty against public agencies for records violations to $500 and lowering it to $0, but it does not support a bill that only lowers it to zero, said Roland Thompson of Allied Daily Newspapers.

I just got off the phone with Thompson, asking him about his position on the bill. For full disclosure, The Bellingham Herald is a member of Allied Daily Newspapers.

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WA public records penalties down to as low as $0
Seattle Post-Intelligencer: May 5, 2011

OLYMPIA, Wash. (AP) — A government agency that improperly withholds public records can now emerge from legal action with no financial penalties.

A bill approved by Gov. Chris Gregoire on Thursday allows courts to award members of the public compensation of between $0 and $100 for every day that a record was improperly kept secret. That lowers the minimum penalty from $5 per day.

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State public records penalties down to as low as $0
Seattle Times: May 5, 2011

A government agency that improperly withholds public records can now emerge from legal action with no financial penalties.

A bill approved by Gov. Chris Gregoire on Thursday allows courts to award members of the public compensation of between $0 and $100 for every day that a record was improperly kept secret. That lowers the minimum penalty from $5 per day.

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Public disclosure isn't what ails Washam's office
The News Tribune: May 4, 2011

Access to public records isn’t what’s weighing down the Pierce County Assessor-Treasurer’s office. Assessor-Treasurer Dale Washam is.

Washam – who has spent 28 months in office trying to browbeat employees, taxpayers and other public officials to join his crusade of vindication – is now complaining about having to do his real job.

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Wanted: Up-or-down ruling on ‘executive privilege'
The News Tribune: April 26, 2011

Gov. Chris Gregoire’s office has claimed immunity from the state’s public records law at least 500 times in the past four years.

That may have been six times too many to keep the charade alive.

The Freedom Foundation, a libertarian think tank, is suing Gregoire after her office partially denied the foundation’s request for 11 documents.

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Transparency is a Two-Way Street
Sunlight Foundation: April 20, 2011

From Washington D.C. to Washington state, events conspire to remind us that the quest for open government is still a work in progress. One case in point: Out here in the verdant, drizzly climes of the Pacific Northwest, a recent legislative attempt to ratchet up baseline Web disclosure by local governments and the state ran aground.  Washington State Senate Bill 5553 slipped into a legislative coma after a hearing in the House State Government and Tribal Affairs Committee on March 24th, never even surfacing for committee vote, though it passed the full state senate by a 48-1 vote.

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Lawmaker seeks to soften budget blow to transparency websites
NextGov: April 19, 2011

Government transparency websites were badly wounded in the battle over the 2011 federal budget, but it looks like at least some will survive.

Spending for sites such as USASpending.gov, Data.gov and the IT Dashboard was cut from $34 million to $8 million, but there are signs that a fiscal transfusion from other sources might be arranged.

The possibility was broached by Rep. Darrell Issa, R-Calif., chairman of the House Oversight and Government Reform Committee.

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Court needs to clarify governor’s power over public records
The Olympian: April 18, 2011

This state’s Public Records Act makes it clear that records in government offices do not belong to the elected and appointed people who preside over those offices. They are the mere guardians of the records, which rightfully belong to the people of the state of Washington.

The Public Records Act says: “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.”

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Mum’s the Word on the Jim Jacks Mystery
Washington State Wire: April 14, 2011

Sounds like there won’t be any answers from the House chief clerk’s office regarding the biggest statehouse mystery of the year – the strange resignation of state Rep. Jim Jacks, D-Vancouver.

The clerk’s office has rebuffed at least two requests from media outlets for public records regarding the case. That’s because the state Public Records Act provides big exceptions for the state Legislature that don’t apply to other public agencies.

The clerk’s office isn’t even saying whether any records exist.

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A Lack Of Transparency Surrounding Jim Jacks Sudden Resignation
The Washington Ledge: April 14, 2011

On the day the Washington House welcomes newly appointed Rep. Sharon Wylie from Southwest Washington, it seems appropriate to revisit the sudden resignation late last month of her predecessor, Jim Jacks.

Statehouse reporters, myself included, have appealed to House Democratic leadership to disclose what led to Jacks' abrupt decision to leave the legislature mid-session. Rumors abound. Facts are in short supply. Sealed lips just lead to more speculation and rumors.

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Transparency websites hit by budget ax
NextGov: April 12, 2011

Government transparency websites likely will be scaled back or even eliminated as a result of a 75 percent budget cut that congressional leaders and the White House agreed to last week.

The proposed $35 million Electronic Government Fund was slashed to $8 million in the deal struck late last Friday to avert a government shutdown. The e-government fund supports websites such as USASpending.gov and the IT Dashboard, which provide public access to vast amounts of information on how the government spends money.

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Agencies should pay if they violate open records law
The News Tribune: April 14, 2011

Open-government advocates have successfully beat back the most egregious attempts to undermine public disclosure this legislative session. But they are still poised to suffer defeats that could have lasting implications for the fight to keep the public’s business public.

A couple of bills that appear to be all but guaranteed a trip to the governor’s desk, while not the broad rollbacks of public records laws that lawmakers eyed earlier this year, would chip further away at state government’s presumption of openness.

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MY TURN | Legislation undermines the public's right to know
Kitsap Sun: April 7, 2011

For open-government advocates, it's a constant battle to keep Washington's lawmakers from weakening the state's public-records and open-meetings laws.

During every legislative session — and the current one is no exception — legions of taxpayer-funded lobbyists for state and local government press legislators to create exemptions or tweak laws in ways that undermine the public's right to know.

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Gov. Gregoire appoints retired Yakima County judge to chair Sunshine Committee
Press Release: April 6, 2011

Gov. Chris Gregoire today announced the appointment of retired Judge Michael Schwab to chair the Public Records Exemption Accountability Committee, commonly called the Sunshine Committee.

"Judge Schwab has a passion for public service," Gregoire said. "His commitment to volunteerism, combined with his demonstrated fairness and commitment to improving the law  make him the perfect candidate to fill this role. I congratulate him on this appointment, and am confident he will serve the citizens of Washington state well."

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SPD agrees to pay $32,000 for withholding domestic-violence advice
The Seattle Times: April 5, 2011

The Seattle Police Department has agreed to pay $32,000 to settle a lawsuit accusing the department of withholding information from defense attorneys about its handling of domestic-violence cases.

In the course of the case, the City Attorney's Office accidentally revealed a disputed document that showed police had instructed citizen volunteers in a victim-assistance program to not put in writing some information that could be used by defense attorneys.

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This government watchdog blog belongs to you, too
HeraldNet: April 5, 2011

I was a speaker at the Washington Coalition for Open Government conference in January. The panel was "Public Records Investigations: Where the bodies are buried." We presenters, all seasoned journalists, were encouraged to dust off our best war stories.

The audience that day, though, wasn't all that interested in what we had to say. Instead, they took control of the discussion, mostly talking to each other. We journalists were sparingly engaged, mostly when the crowd wasn't able to answer questions themselves.

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Think tank sues Wash. gov. in public records case
The Olympian: April 4, 2011

A libertarian think tank on Monday sued Gov. Chris Gregoire's office for withholding public records, saying executive privilege isn't a legitimate exemption under state law.

Under the state's Public Records Act, records of state agencies must be made available to the public upon request unless they're covered by a statutory exemption, such as proprietary information or medical records.

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Legislature keeps public out by flouting own transparency rules
Mackinac Center for Public Policy: April 4, 2011

National and state media are reporting on several death threats made against the Mackinac Center after the Center drew attention for filing Freedom of Information Act requests at three public universities last week.

As first reported in Michigan Capitol Confidential, threatening messages were left on the Center’s voice mail Thursday night and early Friday morning. The Daily CallerTalking Points MemoAnnArbor.comThe Bay City Times,Midland Daily NewsDetroit Free Press, and WNEM-TV5 have covered the matter.

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Chopp waives 5-day notice requirement for budget hearing
Washington Policy Center: April 2, 2011

At long last the House will propose its 2011-13 budget. If you are lucky you may even have time to read it before the House Ways and Means Committee is scheduled to take executive action on it and any pending amendments on April 6. You definitely won't have time to read it before the public hearing scheduled this Monday (April 4) at 3:30 unless you are the most accomplished of speed readers.

This should not be the case for this session's most important bill, the budget, and proves once again the Legislature's rules requiring 5-day notice for public hearings are insufficientto ensure to the public has an opportunity to participate in a meaningful way.

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Washington, home of software leaders, gets a bad rap for online transparency. What gives?
Crosscut: April 1, 2011

Slipping by virtually unnoticed during a flurry of news, analysis, and events on open government, tied to the recent "Sunshine Week,", was the "F" grade given to Washington in a 50-state report card on the transparency provided by states' web sites.  Is the grade from the U.S. Public Interest Research Group (PIRG) a fair one? Arguably not, and we'll discuss why in a moment. Yet there's also some legitimacy to U.S. PIRG's hyper-focused approach of evaluating each state based on just one central spending transparency site. 

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Goldwater Institute Wins Court Victory for Public Records
Goldwater Institute: March 31, 2011

The Arizona Court of Appeals today unanimously ruled in favor of the Goldwater Institute in rebuking the Congress (Ariz.) Elementary School District for its efforts to permanently deny public information sought by four parents and taxpayers.
 
"This is the second court to tell the Congress school district that it has no case," said Clint Bolick, the Goldwater Institute’s litigation director. "Hopefully, district officials will stop trying to silence these women and instead will start following the law."

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Homeland Security ducks its FOIA responsibility
Tri-City Herald: March 31, 2011

The Associated Press has discovered that the U.S. Department of Homeland Security has been playing politics with, of all things, the Freedom of Information Act.

FOIA is the leading effort of government's promise to be "more open" and give the public a better idea of what lawmakers and bureaucrats are doing with tax dollars.

So there's a special irony in learning that the department charged with protecting the security of all Americans instead has been playing hide and seek with the truth.

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Group worries that open government sites could be cut
NextGov: March 29, 2011

The Obama administration's open-government initiatives could be virtually eliminated under some changes made in the continuing resolution aimed at keeping the government running, the Sunlight Foundation said on Tuesday.

Compromises being made in the spending bill approved by the House and considered by the Senate would almost eliminate funding for the Electronic Government Fund, cutting it from $34 million to $2 million, the nonprofit open-government think tank said.

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Legislature keeps public out by flouting own transparency rules
Seattle Times: March 29, 2011

AGAINST the backdrop of recent protests and lawsuits in Wisconsin over possible public-disclosure violations in passing a union-reform law, our politicians reassure us that Washington is not Wisconsin. They are right.

In Wisconsin the public has a right to know what the Legislature is doing. In Washington, however, our lawmakers have exempted themselves from the state's Open Public Meetings Act, which applies to every other government entity in our state.

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Partial victory in public records appeal
Freedom Foundation: March 28, 2011

The Freedom Foundation has won a partial victory in a public records appeal we’re pursuing—even before the case has been decided. The state is conceding that it improperly withheld information from the Foundation.

In 2009, a state-operated ferry crashed into its landing dock in Seattle. We asked for the drug and alcohol test results of the ferry crew. Washington State Department of Transportation (WSDOT) provided the records, but redacted several portions of the records, including test results.

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Emails: Insiders worried over political 'meddling'
Forbes: March 28, 2011

Insiders at the Homeland Security Department warned for months that senior Obama administration appointees were improperly delaying the releases of government files on politically sensitive topics as sought by citizens, journalists and watchdog groups under the Freedom of Information Act, according to uncensored emails newly obtained by The Associated Press.

Read More »

Anonymous records requests a tricky area for assessors
The Spokesman-Review: March 26, 2011

Washington’s Public Records Act often produces sharp reactions from government officials, especially when it is used as a blunt instrument.

When former Spokane County appraiser Josh Bungen used anonymous email addresses to request hundreds of thousands of assessor’s records, county commissioners endorsed legislation to darken the sunshine law.

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Utah Legislature REPEALS HB 477
The Art of Access Blog: March 25, 2011

After enduring two weeks of public fury, Utah lawmakers voted overwhelmingly Friday to repeal a bill that would have restricted public access to government records.

While Senate President Michael Waddoups accused the media of lobbying on the issue and others blamed the press for biased coverage that turned citizens against them, Sen. Steve Urquhart said bluntly: “We messed up. It is nobody’s fault but ours.”

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In Our View: Greasing Skids
The Columbian: March 25, 2011

Just as a fully illuminated government becomes even more imperative — during the frantic response to an economic crisis — the agents of darkness are at work in our state Legislature … to virtually no one’s surprise. Multiple manifestations of the dreaded “title-only” bill have bubbled up again this year. This gimmick — also known as a “ghost bill” — is a bill written with no text, only a vague title such as “fiscal matters” or “state government” or “criminal justice.” Details become known later, much later — too late, in fact, as the bill accelerates down its greased skids.

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Public records requests by man costly for city
The Columbian: March 24, 2011

Vancouver officials are dismayed over one man’s massive public records requests that are set to cost the city tens of thousands of dollars in staff time to fulfill.

Vancouver resident and retired Portland police Sgt. Mitch Copp filed a request for all email communications between June 1, 2010, and Jan. 11, 2011, from Mayor Tim Leavitt and City Councilor Jack Burkman — at an estimated cost of $10,000 to $15,000 in staff time, City Manager Eric Holmes said.

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In Our View: Reasonable Rules
The Columbian: March 23, 2011

Policies adopted this week by the Vancouver City Council to regulate public comments at council meetings are more than fair. The rules also maximize public participation, and that is one bedrock principle of the public arena that warrants robust protection.

City councilors and critics have long wrangled over rules governing public comments at the meetings. On Monday night, by a 6-1 vote the council approved several rules. Prior to each regular council meeting, citizen communications will be held on items that appear on that night’s agenda. Each citizen is allowed approximately three minutes. Additionally, twice monthly, citizens will be allowed to speak on any topic during a 90-minute forum.

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Stadium Roofgate leaves fans out in the cold
The News Tribune: March 23, 2011

Tacoma’s new $30 million Cheney Stadium isn’t even finished yet, and already there’s nostalgia for the old one.

Or at least for the old one’s roof, the one that covered a good portion of the cheap seats.

Even fans in the premium uncovered box seats would often move up under the roof and be sheltered if it started raining – which is known to happen in these parts. On sunny days, it was nice for those whose winter-white skin was starting to burn to be able to move to a shaded seat.

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Oregon 'Open Government' Website Launched
KTVZ: March 22, 2011

State government has rolled out a powerful new website that lets citizens easily customize their view of data from state agencies and comment right on the site, the Oregon Department of Administrative Services announced Tuesday.The website, http://data.oregon.gov/, also lets visitors interact with state records, create their own charts, graphs, calendars and maps, and save them online. Visitors may even suggest new “datasets” for displaying information not yet available on the site.

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Attorney general appeals restraining order on labor laws
Journal Sentinel: March 21, 2011

In a case that appears bound for the state Supreme Court, Attorney General J.B. Van Hollen on Monday asked the state appeals court to lift a Dane County judge's hold on a law sharply curtailing public union bargaining.

The Court of Appeals panel in Madison quickly responded Monday by asking for information from the prosecutor on the other side of the case by the end of Tuesday, but didn't explicitly say it would take the appeal.

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We're shining lights on government
The News Tribune: March 20, 2011

Sometimes sunshine is hard to come by.

Washingtonians tend to feel that way this time of year, and journalists feel that way from time to time.

Today marks the end of Sunshine Week, sponsored annually by the American Society of News Editors – of which I’m a member. Its intent is to highlight the importance of the public’s right to know – through open meetings and access to documents – what their government leaders are up to. Journalists shine light on what could become the dark corners of government secrecy.

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In Our View: Bring On Sunshine
The Columbian: March 16, 2011

Americans should be greatly troubled to learn that — according to OpenTheGovernment.org — federal agencies spend $185 securing new secrets for every $1 they spend declassifying information for consumption by the public (their bosses). And the feds are spending more than $8.5 billion a year keeping secrets secure from public view.

To begin with, those are our dollars they’re spending. But beyond the fiscal impact is the public’s right to know, clearly defined in the preamble to our state’s Public Records Act: “The people 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.” And that’s the essence of “Sunshine Week,” which began on Sunday and runs through Saturday. The special recognition is led by the American Society of News Editors, and The Columbian and other newspapers often opine on the importance of sunshine on federal, state and local governments.

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Week puts spotlight on public's right to open government
The Olympian: March 15, 2011

Today, The Olympian joins other groups across the country in paying special attention to Sunshine Week, an opportunity to focus public attention on the importance of an open and accessible government.

Sunshine Week is a national initiative to open a dialogue about the importance of freedom of information. Participants include print, broadcast and online news media, civic groups, libraries, nonprofit organizations, schools and others interested in the public’s right to know.

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Public records lawsuit clouds Mesa's future
Tri-City Herald: March 14, 2011

The small town of Mesa's financial future appears dismal as it faces penalties from an eight-year-old public records lawsuit that's still plodding through the courts.

A recent preliminary state audit of Mesa has confirmed what city officials already knew -- that the city is at risk of not being able to meet its financial obligations because of the lawsuit.

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Legislature still in a fog about needed transparency
The Bellingham Herald: March 14, 2011

According to one legislative committee's procedures in our state, the purpose of a public hearing "is to respectfully hear from the public."

This common-sense statement reflects the fundamental premise of our democracy that the governed are to be provided the opportunity to comment on the laws we live by and to help ensure those elected to represent us are informed about our opinions and expectations.

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Sunshine Week: “Legislative Transparency Act”
Washington Policy Center: March 11, 2011

In honor of National Sunshine Week, below is model language to help put the people back in the legislative process. The draft language is a combination of our proposed legislative transparency constitutional amendment endorsed by the State Auditor and Attorney General and the changes we suggested for SB 5419. Even if our lawmakers don't feel the need to consider it, hopefully more accommodating elected officials in other states will see the benefit of providing their citizens adequate public notice of legislative activity.

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Kelso to pay inmate for Public Records Act violations
The Daily News: March 8, 2011

The city of Kelso has agreed to pay a state prison inmate $3,336 for failing to respond to his public records requests last year by the deadline required by the state Public Records Act.

Gregory Gene Phillips, 45, filed a lawsuit in May against the Kelso Police Department, Police Chief Andrew Hamilton and the department's public disclosure officer, Marcy Derrick.

Phillips, behind bars since February 2010, is serving a 4 1/2-year sentence at Airway Heights Correction Center near Spokane for being convicted of driving while intoxicated five times in 10 years. (He's eligible for early release in May 2013, according to the Department of Corrections.) Phillips also has criminal convictions for domestic violence and driving-related offenses dating back to 1995, according to Daily News archives.

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PDC fines Puget Sound Partnership, 3 others for lobbying
The News Tribune: March 8, 2011

State regulators last week slapped four government entities on the wrist over unreported lobbying of the Legislature by their employees.

The Public Disclosure Commission fined Metro Parks Tacoma, the Puget Sound Partnership, Seattle Public Schools and the City of Auburn for failing to report staff time spent lobbying. The time added up to the equivalent of just more than $30,000 worth of pay over several years.

The fines won’t break the bank. The Seattle school district was ordered to pay $250 and the other offenders were fined $200. And the fines will be cut in half – or eliminated altogether for the partnership, a state agency housed on the Tacoma Tideflats – if its staff members follow the rules from now on.

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High court rules rules against Navy in Wash. state ammo depot case
The Seattle Times: March 7, 2011

When Glen Milner decided to sue the U.S. Navy over the public's right to know whether Port Townsend and other communities are in danger from an explosion at a nearby munitions depot, he never dreamed he'd make an impact of his own in the nation's highest court.

Monday, the U.S. Supreme Court in an 8-1 decision reaffirmed the public's right to government records when it ruled that the exemption of the Freedom of Information Act (FOIA) pertaining to "personnel rules and agency practices" doesn't give the Navy the right to deny Milner access to the information he wants.

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Editorial: Public has right to see research it has paid for
The Spokesman-Review: March 5, 2011

While it might seem at times that congressional debate is seat-of-the-pants silliness, much of what informs legislation is the product of empirical research and in-depth analysis. Congress, in essence, has its own think tank called the Congressional Research Service that produces valuable nonpartisan reports.

However, the public does not have easy, unfettered access to this information, so it is hamstrung in trying to separate the wheat of objective analysis from the chaff of subjective spin. Under current law, CRS reports are not considered public information. Members of Congress and their staffs can access the reports and then choose to make them public – or not – if the public requests them.

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Attorney: Officials didn’t violate law
The Columbian: March 4, 2011

Clark County Commissioners Steve Stuart and Marc Boldt did not violate the state’s Open Public Meetings Act last month, according to their attorney.

Chief Civil Deputy Prosecutor Bronson Potter said a Feb. 21 meeting that had not been included on the commissioners’ calendar did not trigger the OPMA’s notification requirement.

Stuart and Boldt attended a meeting at Congresswoman Jaime Herrera Beutler’s Vancouver office.

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Governments get slaps on wrists for skipping reports on lobbying
The News Tribune: March 2, 2011

State regulators on Monday fined four government entities over unreported lobbying of the Legislature by their employees.

The Public Disclosure Commission fined Metro Parks Tacoma, the Puget Sound Partnership, Seattle Public Schools and the city of Auburn for failing to report staff time spent lobbying. The time added up to the equivalent of just more than $30,000 worth of pay over several years.

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Legislative Dems must walk the talk on bipartisanship
Yakima Herald: March 1, 2011

Legislative Democrats in Washington have shown a lot more respect to Republicans after the GOP picked up a number of seats in last November's election. The Democrats, who once controlled the state Senate by a 32-17 count, now hold 27-22 majority, with about a half-dozen moderate Democrats willing to vote with Republicans from time to time. This has led to Republicans having an increased role in writing the Senate's proposed budgets.

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Council to look at changes to citizen comments
The Columbian: February 28, 2011

The Vancouver City Council will consider changes to its citizen communication tonight, but will not vote on any policy shifts until a later date.

Following what he calls “threatening and intimidating” behavior by some members of the council audience, Mayor Tim Leavitt has proposed moving weekly public comment to the beginning of the meeting, but restricting speakers to only what is on that night’s agenda.

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Documents show Washam resisted investigation
The News Tribune: February 26, 2011

Recently disclosed public records tied to Pierce County Assessor-Treasurer Dale Washam shed new light on the inner workings of a government office racked by two years of internal strife.

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Sensible Strategies for Open Government and Online Hubs
The Knight Commission: February 25, 2011

Today the Aspen Institute Communications and Society Program and the John S. and James L. Knight Foundation released two policy papers that call on community and elected leaders to adopt sensible strategies to expand government transparency, make public records and civic data more open and accessible to the public, and create local online hubs that provide maps for a community’s information resources.

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Unintended effects of Public Records Act troublesome
Tri-City Herald: February 21, 2011

Prosser and Mesa have become poster children for reforming Washington's Public Records Act.

The two small towns are featured prominently in the Association of Washington Cities' current issue of Cityvision magazine, which calls for reform of the 39-year-old act.

Controversies such as those in Prosser and Mesa have become more common in recent years, said Victoria Lincoln, Association of Washington Cities legislative and policy advocate.

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Editorial: Derailed Senate bill would help Washington Legislature rebuild trust
The Spokesman-Review: February 20, 2011

If the term “transparency” is getting a little shopworn in political parlance, maybe that’s because it’s heard so much yet demonstrated too little.

The Washington Legislature could reverse that pattern, but indications from Olympia aren’t promising. Senate Bill 5419 would make it harder for lawmakers to rush measures through the process before the public – and even other members – know what’s happening. But the proposal has run into a dead end in the Senate Committee on Government Operations and Tribal Relations and Elections, where Chairman Craig Pridemore, D-Vancouver, has decided to bottle it up.

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Public Records Act demands cities' time, money
Tri-City Herald: February 20, 2011

Dale Walter of Kennewick wants an explanation of Kennewick Irrigation District's water rates.

Mesa's Donna Zink said her city messed up in not providing routine public records that she sought.

And Larry Loges of Prosser claims his frustrations left him no choice but to fight city hall.

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Who's asking for public records?
Tri-City Herald: February 20, 2011

News reporters used to make most public records requests, but private citizens and a host of professionals now dominate the demands for public documents.

"We used to make 80 percent of them, but now I'll bet it is 5 percent," said Rowland Thompson, executive director of Allied Daily Newspapers of Washington, which represents two dozen newspapers across the state.

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Bills in Olympia seek to rein in records 'fishing'
The Seattle Times: February 19, 2011

Faced with tightening budgets, cities and other public agencies across Washington are begging the state Legislature to grant them relief from a seemingly unlikely culprit: the state Public Records Act.

Government lobbyists are making the rounds in Olympia with horror stories about civic gadflies who repeatedly file massive requests for documents — devouring time and money better spent on police, sidewalks or other services.

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Public documents legislation likely dead, Kitsap commissioners told
Kitsap Sun: February 15, 2011

Three public records bills that would have made things easier for local governments appear to be dead in Olympia, according to advocates on both sides of the issue.

Tom McBride, lobbyist for Kitsap County in Olympia, told county commissioners this week there was little hope for a bill that would have established a new procedure for conferences to resolve confusing document requests.

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Lawmakers' meeting should be open, actions transparent
The Olympian: February 9, 2011

After a 2010 legislative session filled with abuses of open government principles, the state Senate is back to its old tricks — meeting in secret and holding public hearings on a voluminous bill introduced the very same day.

It's wrong and Senate leaders owe it to the public to make substantive reforms to improve transparency, end the secrecy and let the public provide meaningful testimony on legislation under consideration.

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Bill would make make VMICC exempt from public disclosure laws
Beachcomber: February 9, 2011

A controversy over the Vashon-Maury Island Community Council and its status under the state's far-reaching public disclosure laws has landed in Olympia.

State Sen. Sharon Nelson (D-Maury Island) filed a bill on Friday that would exempt so-called Unincorporated Area Councils — nonprofit bodies that act as a liaison between King County and its unincorporated regions — from the Public Disclosure Act.

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Open-records office worth starting to talk about
The News Tribune: February 8, 2011

Legislation that would create a new state open-records office is a good idea with bad timing.

Anything that comes with a price tag is likely to encounter resistance this session – even if it could end up saving money in the long run, which is the goal of those supporting House Bill 1044 and its companion bill in the Senate, SB 5237.

It's a cruel fiscal fact that many programs that provide long-term financial benefits and help vulnerable populations likely will be cut to fill the state's estimated $4.6 billion budget deficit.

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Tax measures shouldn't be hidden in shroud of secrecy
The News Tribune: February 8, 2011

Many Washingtonians are understandably concerned about how their elected representatives in the Legislature will bring state spending under control, not only to rebalance the current two-year operating budget but also to produce a new, sustainable plan to fund public services and programs for the next two years.

If recent history is any guide, the people of our state also have reason to be concerned about whether they will have ample opportunity to make their feelings known about budgeting choices.

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Senate panel hears testimony on open records law proposals
Kitsap Sun: February 7, 2011

A public agency that loses a court fight over disclosing public records can face a fine of $5 to $100 a day.

A bill in the state Senate would erase those limits and give judges discretion to decide how much governments should be fined.

That bill — introduced by state Sens. Dan Swecker, R-Rochester, and Craig Pridemore, D-Vancouver — received mixed reviews during a Monday hearing of the Senate Government Operations and Tribal Relations Committee.

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If state leaders break open-records laws, they should pay
The News Tribune: February 6, 2011

It is one of the frustrating flaws in Washington's open government laws.

Even if residents file court actions for violations of public records laws, and even if they prevail in court, and even if adequate penalties and costs are awarded, the financial burden falls on taxpayers rather than the politician or public employee who thwarted disclosure.

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Report: Agencies face challenges in delivering open government
NextGov: February 1, 2011

Two years after President Obama announced his open government initiative, federal agencies still face numerous organizational, technical and resource challenges in its implementation, according to a new report from the IBM Center for the Business of Government.

Obstacles to progress include outdated information technology infrastructure, risks of violating online privacy, relatively weak public engagement, the need to enforce accountability and responsibility, and a lack of resources, wrote the report's authors, Gwanhoo Lee, an associate professor of business at American University, and Young Hoon Kwan, an associate professor of business at The George Washington University.

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Bill gives degree of obscurity to publishing of legal notices
The Olympian: January 28, 2011

Bills have been introduced in the state House and Senate to give counties and cities the option of publishing their legal notices on their websites, instead of in their designated legal newspapers.

This is bad public policy and a step backward from full government accountability to the citizens they disseminate information to and serve.

If the local governments succeed in what they are calling a cost-saving measure, look for state agencies, fire districts, ports, fire districts and public utility districts to seek the same treatment.

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House adopts budget timeout rule
Washington Policy Center: January 28, 2011

The House has taken a small step towards more transparency with the passage of its rules this morning. According to HR 4610:

"Rule 12. (A) BUDGET BILLS. No final passage vote may be taken on an operating budget, transportation budget, or capital budget bill until twenty-four (24) hours after the bill is placed on the third reading calendar. The twenty-four (24) hour requirement does not apply to conference reports, which are governed by Joint Rule 24, or to bills placed on the third reading calendar by a two-thirds (2/3) vote of the members present."

House Republicans proposed amendments to extend the 24 hour review period to 48 or 72 hours. Both of those amendments failed on party-line votes.

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Records dispute before high court
The Spokesman-Review: January 28, 2011

When a neighborhood group in 2006 demanded records about alleged nepotism in Spokane County, county officials said they checked employees’ current computers. But they didn’t check the hard drives of computers that had recently been switched out.

They said a document didn’t exist when it did, on an old hard drive.

So did they violate the state Public Records Act? And, if so, how much of a penalty should they pay?

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Lawmakers address need to improve legislative transparency
Washington Policy Center: January 26, 2011

Based on a bill introduced in the Senate yesterday, it appears the Attorney General's and State Auditor's call for improved legislative transparency is not falling on deaf ears. Earlier this month Attorney General Rob McKenna and State Auditor Brian Sonntag wrote a letter to legislators encouraging them to adopt our proposal for a constitutional amendment to improve legislative transparency.

A variation of our proposal has been introduced by Senators Becker, Swecker, Delvin, Benton, Stevens, Holmquist Newbry, Honeyford, King, Sheldon and Roach.

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OUR VIEW: Alarming language in proposed public records reforms
Kitsap Sun: January 25, 2011

Count us among the those opposed to changes that have been suggested for the state's public records act, which were reported in Tuesday's Sun.

The bills in question have too much potential to freeze the premise of open government to be acceptable to the public, and we'd urge a quick end to each so the Legislature can spend valuable time on far more pressing issues.

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Public-record bills will be hot topic in Olympia
Kitsap Sun: January 25, 2011

Should a public agency not have to pay penalties if it produces a document within 30 days of when a lawsuit is filed to obtain that record?

And should public agencies charge a person extra if more than five hours of staff time per month is required to handle his public record request?

Also, when voting bodies hunt for a new top executive for a government, state college or public agency, should the names of all applicants become public?

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Five bills modifying public records requests up for debate
TVW, The Capital Record: January 24, 2011

The theme of Monday’s Senate Government Operations, Tribal Relations & Elections committee is Public Records: Who’s exempt? How should disputes be handled? And what about the cost of making all those copies?

The Sunshine committee goes through all the exemptions within the Public Records Act and decides whether they should be kept or chucked. Its recommendations were put together in  Senate Bill 5049.

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Tread carefully when changing state public records law
The Spokesman-Review: January 23, 2011

Ever since the voters decided public records should be, you know, public, public officials have complained about the unfairness of being forced to produce some of those records when a member of the public has the nerve to ask for them.

Such requests are seen by some legislators as particularly onerous on small cities and counties that get taken to court and fined for failing to give a person something to which he or she is entitled. The fine sometimes threatens to blow a hole in that city or county’s meager budget, which generates sympathy from folks who routinely saddle local governments with mandates but no money.

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A new sunshine law to save money for citizens and government agencies
The Seattle Times: January 21, 2011

IT'S your government. You pay for it through your taxes and hire legislators to make it run. Through open-records and open-meetings laws, you retain the right to oversee that government. That's the simple idea behind Washington's sunshine laws.

Occasionally, however, there are conflicts over such policies. Under current law, those denied access to public records or meetings have no choice but to go to court. Lawsuits are costly and time-consuming, many taking years to resolve.

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Five bills modifying public records requests up for debate
TVW, The Capital Record: January 20, 2011

Attorney General Rob McKenna says that inmates are using the Public Records Act as a “cash cow” and is requesting that the legislature ban prisoners from collecting penalties in public records lawsuits. But for many the measure, HB 1034, raises a red flag: if penalties are removed then what is to keep agencies from ignoring requests for information?

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Records agency a tough sell
The Olympian: January 21, 2011

Attorney General Rob McKenna's proposal for a new state open-records office ran into turbulence at its first House committee hearing Thursday, raising immediate questions about its chance of passage this year.

One majority Democrat, Rep. Sherry Appleton of Poulsbo, said she was bothered to see a proposal adding a government function at a time when lawmakers already are cutting programs for the vulnerable.

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Open-government initiative marks two-year milestone
NextGov.com: January 20, 2011

Two years ago Friday, on his first day in office, President Obama issued a memo aimed at making government operations more transparent. While open government advocates have largely panned the effort over what they call toothless policies, a regulatory compliance initiative announced Tuesday is giving some of those critics new hope the administration's transparency objectives eventually might be realized.

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Broken Records: While it may work for radio stations, cities need a different formula than all requests, all the time
City Vision Magazine: January/February 2011 Issue

As long as anybody in the present administration can remember, Larry Loges, an irascible property owner whose father was mayor of Zillah in the 1960s, has been a very vocal and public critic of city government, using the unapologetically downscale trailer parks he owns on both sides of Wine Country Road, Prosser’s gentrifying main arterial, as his personal soapbox. A dilapidated trailer on his property served as a billboard, its boarded-up facade spray-painted with often misspelled political graffiti (“ARROGANCE, BIGOTORY, CORRUPTION”). Motorists exiting the freeway gawked at his reader boards, especially the homemade (un)welcome sign mocking the city motto (“PROSSER: AN UNPLEASANT PLACE WITH UNPLEASANT PEOPLE”).

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Quest for open government is noble cause in this state
The Olympian: January 19, 2011

State Auditor Brian Sonntag, a Democrat, and Republican Attorney General Rob McKenna have thrown their support behind a constitutional amendment that would force the Legislature to do the people's work in an open and transparent manner.

We suspect that the voices of good government advocates such as Sonntag and McKenna will be drowned out by forces within the Legislature that favor the status quo and the ability of the majority party to push through legislation. Their attitude is an affront to citizens of this state who have every right to expect openness in the legislative process.

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Judge: Lane County Commission violated Public Meeting law
KVAL.com: January 18, 2011

Lane County Commissioners Rob Handy and Peter Sorenson willfully violated Oregon's Public Meetings law by orchestrating what a judge called a "sham" vote in a public meeting.

"This court concludes that plaintiffs have proven their case that defendants violated the Public Meetings law," Coos County Circuit Court Judge Michael Gillespie wrote: "I respectfully disagree with the trial court decision," Sorenson said Tuesday afternoon. "To be clear, I have fought for and believed in open government."

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Bill would charge more for long public records searches
Kitsap Sun: January 18, 2011

The costs of long searches and copying costs at public agencies could increase under a bill submitted Tuesday to the Washington house.

Right now, no fees can be charged for searches of public documents. And copying fees cannot exceed the actual costs of copying documents. If an agency has not formally determined such a cost, a fee cannot exceed 15 cents a page.

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In Our View: Stop the Secrecy
The Columbian: January 17, 2011

Somebody in the Washington Legislature must have missed the memo.

You know, the one about this being a new era of open government, of governmental transparency, of participatory democracy. As a policy declaration on the website for the White House says, “We will work together to ensure the public trust and establish a system of transparency, public participation, and collaboration. Openness will strengthen our democracy and promote efficiency and effectiveness in Government.”

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Protect democracy - audit the Fed
HeraldNet: January 15, 2011

We give government our tax dollars with few strings attached. But one “string” — the most important string — is that we insist on having the right to know how our money is spent. This string is attached by transparency laws. The people’s “right to know” is how We the People can maintain at least some control over how government spends our money.

One such string was contained in the Wall Street reform bill passed by Congress last year. An audit provision required the Federal Reserve to disclose that it loaned $9 trillion to private banks and corporations during the 2008-09 bailout — more than four times the United States’ annual tax revenue — including more than $1 trillion to foreign banks.

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Arizona shooting: Pima County Sheriff's Department, college won't release data on suspect
AZCentral.com: January 12, 2011

Sheriff's Department and community-college officials in Pima County are refusing to release a wide range of public documents about the man charged in Saturday's shooting rampage that left six dead and more than a dozen wounded.

The Pima County Sheriff's Department and Pima Community College have declined to release documents that could shed light on run-ins they had with 22-year-old Jared Loughner in the months prior to the shooting.

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McKenna and Sonntag call for legislative transparency reforms
Washington Policy Center: January 12, 2011

Attorney General Rob McKenna and State Auditor Brian Sonntag, two of the state’s strongest advocates for transparent and accountable government, have written a letter to legislators encouraging them to adopt the Washington Policy Center’s (WPC) proposal for a constitutional amendment to improve legislative transparency.

Read More »

McKenna and Sonntag: Lawmakers should increase government transparency
The Seattle Times: January 12, 2011

State Attorney General Rob McKenna and Auditor Brian Sonntag are encouraging legislators to support changes to the state constitution that they say would increase government transparency and accountability.

The recommendations endorsed by McKenna and Sonntag were proposed last year by the Washington Policy Center (WPC), a conservative think tank.

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It's time for all courts to open up to broadcasting
The Olympian: January 7, 2011

Ideally, a law shouldn’t be required to safeguard a citizen’s right to inspect official records and attend official meetings. They are, after all, our records and meetings.

But some public figures have their own reasons for wanting to operate in secret, so those laws are needed.

They come with a price tag. Every year, state and local governments – i.e., taxpayers – spend millions defending themselves in court and sometimes paying penalties because someone tried to dodge the law’s expectations.

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Editorial: Compliance is best way to protect records law
Spokesman-Review: January 5, 2011

Ideally, a law shouldn’t be required to safeguard a citizen’s right to inspect official records and attend official meetings. They are, after all, our records and meetings.

But some public figures have their own reasons for wanting to operate in secret, so those laws are needed.

They come with a price tag. Every year, state and local governments – i.e., taxpayers – spend millions defending themselves in court and sometimes paying penalties because someone tried to dodge the law’s expectations.

Read More »

McKenna's pay-for-service plan makes sense for state
The Olympian: January 4, 2011

As part of his request to the state Legislature, Attorney General Rob McKenna is proposing a pilot program to allow members of the public an opportunity to settle their public records disputes with government agencies short of proceeding to a protracted and costly court battle.

Read More »

U.S. House poised to adopt transparency reforms
Washington Policy Center: January 4, 2011

When the 112th Congress convenes tomorrow the members will adopt their governing rules to help guide the legislative process. Among the changes being considered in the House are multiple transparency reforms to help put the public back in the legislative debate. According to the new Republican House majority, under the rules Committees must:

  • Post online their committee rules
  • Provide 3 days notice for all markups

Read More »

Attorney General launches 2011 legislation
KBKW: January 4, 2011

Legislators from both parties joined Washington State Attorney General Rob McKenna today to announce proposals to save money, protect the vulnerable and make government more accountable.

“People depend on us to solve problems,” McKenna said. “We’re proud to work with legislators from both sides of the aisle who are as determined as we are to make our streets safer, and to make state government leaner and more accountable.”

Read More »

Wynne Lee: Council Council’s hiding behind executive-session mask would be disrespectful of citizens
Bellingham Herald: January 3, 2011

Lummi Island resident Wynne Lee is blasting the County Council for scheduling a closed-to-the-public executive session to discuss the recent state growth board order invalidating parts of the county’s Comprehensive Plan.

Read More »

Pridemore’s bill would bring many benefits to voters as PACs are better defined
The Columbian: December 29, 2010

Two debates in which Craig Pridemore is disinclined to participate are whether Democrats or Republican are the worst at violating campaign disclosure rules (both groups are guilty) and whether allowable campaign spending should be increased or decreased. Those arguments can be staged at another time.

For now, the state senator from Vancouver is passionate about an informed electorate. That desire transcends party lines, and that’s why Pridemore’s efforts to increase campaign disclosure rules should draw bipartisan support in the upcoming legislative session.

Read More »

City settles records lawsuit
Snohomish News: December 29, 2010

The city finally settled a lawsuit with an open government advocate who sued the city nearly five years ago for withholding public records and inappropriately blacking out information.

The City Council last week agreed to the $157,394 settlement 6 to 1. The money came out of the city’s rainy day fund, which had $800,000 in it before the settlement.

Read More »

Monroe pays $157,000 to settle open records case
The Seattle Times: December 22, 2010

The city of Monroe has paid more than $157,000 to settle an open records lawsuit with an activist who had asked for e-mails between city council members and the city's lawyer in 2005.

The Daily Herald of Everett reports the city paid the money last week to Meredith Mechling, who was trying to determine whether council members had conducted a debate by e-mail rather than in public session.

Read More »

The FBI Arbitrarily Covers Up Evidence of Misconduct: Is This the Transparency Obama Promised?
Electronic Frontier Foundation: December 21, 2010

EFF recently received documents in response to one of our Freedom of Information Act (FOIA) requests that demonstrate a disturbing trend: the FBI's arbitrary application of FOIA exemptions to hide, or in some instances, reveal, its unlawful activities.

Read More »

Birth Dates of Public Employees Protected from Disclosure by Texas Supreme Court
Local Open Government Blog: December 21, 2010

The Dallas Morning News sought payroll data from the State of Texas. The Texas Comptroller responded with detailed information, including name, age, race, sex, date of initial employment and pay rates. But the Comptroller withheld the employees’ birth dates. The Comptroller then asked for the opinion of the Texas Attorney General, who concluded that the date of birth information could be disclosed.

Read More »

King County Council Acts to Address Social Media and Public Record Laws
Local Open Government Blog: December 16, 2010

The King County Council recently took action to ensure that the County’s use of social media, including Twitter and Facebook, complies with the County’s obligations under various King County and Washington public record laws, including Chapter 2.14 K.C.C. and Chapters 40.14 and 42.56 RCW. 

Read More »

To view news from the 2010 archives, click here.



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