Open Government

UW Settles Public Records Act Case Over Baby Einstein Study

2011-06-30T16:15:00.000-07:00

The Seattle Times reports that the UW settled a Public Records Act case seeking access to the UW data used to call into question the effectiveness of the Baby Einstein children's educational products. The Baby Einstein creators, who wondered why the UW study said their product was bad, asked for the UW's study data. How hard could it be to provide the data in a scientific study?

Pretty hard, apparently. After several years and 18 months of vigorous litigation, the UW finally turned over the study data. However, it looks like the UW has multiple versions of the data, which is not exactly the scientific method. Serious questions have been raised about the UW's anti-Baby Einstein study.

NOTE: Greg Overstreet of Allied Law Group was co-counsel for the records requestors in this case.

Puyallup and Small-Group Closed Meetings

2011-06-29T14:36:00.000-07:00

This editorial from The (Tacoma) News Tribune looks at the issue of small-group closed meetings. That's where less than a quorum of a governing body meets with key staff. And then another group of the governing body does so. And so on. Pretty soon, the whole governing body knows how they want to vote, and they quickly do so in an open meeting. Magic.

Tri-City Herald Editorial on "Executive Privilege" Ruling

2011-06-29T14:29:00.000-07:00

This editorial from the Tri-City Herald discusses the recent ruling by a Thurston County Superior Court that the Governor has an "executive privilege" to withhold certain public records.

Richland May Have Violated the Open Public Meetings Act

2011-06-29T14:24:00.000-07:00

This story from the Tri-City Herald describes what an OPMA violation looks like.

City Council Meeting (In Small Groups) With City Manager

2011-06-24T16:02:00.000-07:00

The age-old issue of sub-quorum groups of a governing body meeting with high-level agency staff. This time it's in Puyallup.

Lower Courts Uphold Governor's "Executive Privilege" to Withhold Documents

2011-06-22T12:50:00.000-07:00

This will go to the state Supreme Court for sure. But two lower courts have ruled against disclosure.

Seattle Files Suit to Allow Disclosure of Disciplined Police Officers' Names

2011-06-21T13:50:00.000-07:00

The City of Seattle, not known as a paragon of open government, has filed suit to overturn a labor arbitrator's ruling that the City's union contract prevents the release of names of police officers who have been disciplined.

The arbitrator's ruling will be overturned. People cannot enter into contracts to violate a law and then say, "I would follow the law, but that means I would break my contract. So, sorry. I can't follow the law."

The City of Seattle is doing the right thing. (It felt weird to write that.)

The Story of Getting Public Records

2011-06-03T11:27:00.000-07:00

The (Everett) Herald writes this on their efforts to obtain public records in a criminal case.

Public Records Show ... Number of Federal Limos Soars

2011-05-31T09:49:00.000-07:00

From public records, we learn that there has been a 73% increase in the number of federal limousines purchased by the federal government since President Obama took office.

No Hearings on State Budget

2011-05-24T08:42:00.000-07:00

Sigh.

Example of Why Open Meetings Matter

2011-05-23T10:11:00.000-07:00

Peter Callaghan at The (Tacoma) News Tribune writes this piece on a controversy about digital billboards in Tacoma and open meetings.

2011-05-20T10:50:00.000-07:00

Here is a piece from Peter Callaghan of The (Tacoma) News Tribune about a decision to move the location of an open meeting--a decision apparently not made in an open meeting.

"Open-records law violators now face fines as low as $0"

2011-05-20T10:07:00.000-07:00

Here is a blog piece by Scott North of The (Everett) Herald regarding the $0 penalty. Very nicely done. The title of the piece says it all.

Medical Pot Bill Has Public Records Exemption

2011-05-11T12:33:00.000-07:00

Sigh. Why do so many pieces of legislation have secrecy clauses in them?

SB 5955 is about medical marijuana. However, the bill has a provision making the names of medical marijuana providers exempt from disclosure under the Public Records Act.

Is there some concern that medical marijuana providers will be burned out of their clinics by mobs of violent anti-pot crusaders? We've never actually seen any.

It is vital for the public, especially the media, to be able to know who medical marijuana providers are to see if they are legitimate or rather just selling marijuana without regard to medical condition.

The bill is now being considered in committee.

Armageddon Averted: Public Records Act Penalties Now As Low As $0

2011-05-06T06:18:00.000-07:00

(Pardon the sarcasm, but some things are so absurd that there is no other way to communicate them.)

A financial melt down of state and local government has been averted.

The local government lobby and Attorney General Rob McKenna finally got what they said would prevent the world from ending: a possible $0 Public Records Act daily penalty instead of the whopping $5 daily penalty usually assessed against them. No more defaulting on municipal bonds as a result of public records penalties. Whew.

HB 1899 was signed into law by Gov. Gregoire, another staunch supporter of open government. Here is the Seattle Times story on it. And a Bellingham Herald piece on it.

Now the government lobby should no longer have any reason to complain about the Public Records Act destroying civilization.

By the way, HB 1899 passed out of the House without a hearing on its merits. More excellent law making. Here is what Jason Mercier from the Washington Policy Center had to say about it, with a hat tip to the Center for Justice:

_______

For the rest of the story on HB 1899: http://cforjustice.org/2011/03/08/sorry-about-that/

As the executive session ended, the Committee’s chairman, Democrat Sam Hunt from Thurston County, appeared confused. After a long pause in which he conferred with a staff person, Hunt apologetically announced: “House bill 1899 has not had a hearing, so if somebody wants to testify on 1899, you will get the option to do it in a backwards fashion, after we voted the bill out of committee and if one convinces us, we can always reconsider and re-vote on it. Sorry about that.”

Here is the TVW of the exchange:

http://www.tvw.org/media/mediaplayer.cfm?evid=2011021211&TYPE=V&CFID=2523790&CFTOKEN=72035026&bhcp=1

Starts at 56:20 with staff informing him they didn’t hold a hearing before passing.

Fabulous TNT Editorial on Public Records Hutzpah

2011-05-04T09:05:00.000-07:00

The Yiddish word "hutzpah" describes the gall of someone who, for example, murders their parents and then begs for mercy from a judge because they are an orphan. Hutzpah is using a self-inflicted problem to try and get out of the consequences of it.

The (Tacoma) News Tribune perfectly describes the public records version of hutzpah in this editorial.

Public officials who really dislike transparency will often complain how much time and money it costs them to provide public records. (Well, first of all, providing public records is part of their job and we pay lots of money for them to do it. But anyway.)

The hutzpah is when the complaining officials themselves are the very reason there are so many requests to begin with. They do various questionable things that legitimately raise questions among the public--then when the officials receive public records requests to find out what they're up to, they complain about getting the requests. They should look at their own actions and see if maybe that has something to do with all the requests.

This TNT editorial describes this phenomenon as it relates to the Pierce County Assessor-Treasurer Dale Washam. A magnificent editorial.

Public Records Show ... County Assessor-Treasurer Attempted to Oust Employee While Denying Doing So

2011-04-25T06:18:00.000-07:00

"Newly disclosed records and emails reveal a fourth investigation critical of Pierce County Assessor-Treasurer Dale Washam and indicate he worked in private to oust a high-level employee while publicly claiming he was doing no such thing." So reports The (Tacoma) News Tribune.

How do we know this? " The News Tribune recently obtained records of the investigation via public disclosure."

Prison Surveillance Tapes Can Be Withheld

2011-04-19T09:53:00.000-07:00

The Court of Appeals ruled that the Department of Corrections can withhold prison surveillance tapes because they are law enforcement investigative records.

Legislature Won't Provide Records on Hasty Resignation

2011-04-15T10:49:00.000-07:00

Why did Rep. Jacks suddenly resign from the Legislature? The Legislature won't provide the records about it.

TNT Blog Piece on Penalty Bill

2011-04-14T14:15:00.000-07:00

Kim Bradford at The (Tacoma) News Tribune writes this blog piece on the penalty bill.

TNT Editorial on Penalties Bill

2011-04-13T10:58:00.000-07:00

This editorial from The (Tacoma) News Tribune says it all.

Tri-City Herald Editorial on Homeland Security FOIA

2011-03-31T11:35:00.000-07:00

The Tri-City Herald writes this editorial on the Department of Homeland Security's past practice of letting political appointees review FOIA requests and, apparently, involving them in the responses.

Op-Ed on Legislative Transparency

2011-03-30T15:50:00.000-07:00

Jason Mericer of the Washington Policy Center writes this op-ed in the Seattle Times on the Legislature's woeful lack of transparency.

Important Public Records Act Ruling: City of Lakewood v. Koenig

2011-03-29T10:34:00.000-07:00

The City of Lakewood sent aggressive (intimidating?) discovery requests to a public records requestor. The Court of Appeals said that wasn't OK. NOTE: Michele Earl-Hubbard and Chris Roslaniec of Allied Law Group filed an amicus curiae ("friend of the court") brief in support of the requestor.

Walla Walla Union-Bulletin Editorial on Legislative Transparency

2011-03-29T09:49:00.000-07:00

The Walla Walla Union Bulletin had this editorial on the Legislature's terribly habit of passing "title only" bills. They are bills that have no text, just a title (like "An act relating to public records disclosure"). Then, after some deal is cut in a back room, the Legislature "amends" the title only bill to add the text of the law the people in the back room decided to pass. No public input, no hearings, no time to consider alternatives.

"Political Meddling" in Delays of DHS Records

2011-03-28T15:00:00.000-07:00

This is interesting.

Large "Anonymous" Request

2011-03-28T06:11:00.000-07:00

The Spokesman-Review has this piece on a large "anonymous" request to the Spokane County Assessor.

NOTE: The story quotes Greg Overstreet of Allied Law Group.

Local Gov't Objects to 72-Hour Notice Requirement for Public Meeting Agendas

2011-03-25T07:17:00.000-07:00

Jason Mercier at the Washington Policy Center has this update on SB 5553, a bill to require agendas of public meetings to be posted in advance (so the public can know what's going to happen at the meeting).

Based on the House committee Chair's comment, SB 5553, which passed 48-1 in the Senate, will not get out of committee in the house.

Here is the video of the hearing. Local government's opposition to the 72-hour requirement is at the 54:06 mark.

Columbian Article on Big Requests

2011-03-24T15:26:00.000-07:00

This piece from The (Vancouver) Columbian examines the problem of a large records request.

The people give state and local government enormous powers and billions of dollars. Spending thousands of dollars responding to an occasional large request is part of the deal. If you don't want the billions, we'll let you keep the thousands ...

Legislative Secrecy: Title Only Bills

2011-03-24T15:20:00.000-07:00

The Legislature has a terrible habit of introducing "title only" bills. They just have the title of a bill (like "An act relating to ...") but no actual text. This allows deals to be cut behind closed doors and text to be added to the bill at the last minute. Literally, the last minute. So no one--neither the public nor the minority party--can read it before it's passed.

The Washington Policy Center's Jason Mercier describes why this is a bad way to pass the "people's" laws because it allows the Legislature to do what they want without the "people" getting any say in it.

Columbian Editorial on Vancouver's New Open Meeting Rules

2011-03-23T10:42:00.000-07:00

This editorial from The (Vancouver) Columbian describes a new rule adopted by the Vancouver City Council on public comments at open meetings.

Oregon Launches Open Gov't Web Site

2011-03-23T10:38:00.000-07:00

The State of Oregon has created a web site that it claims allows citizens to see some public records without requesting them.

We've always said that the "burdens" of responding to some public records requests can be alleviated by posting commonly requested records on line.

Bill Requiring Agencies to Post Agendas Passes Senate

2011-03-22T13:44:00.000-07:00

This piece from the pro-agency Local Open Government Blog describes SSB 5553 which requires agencies to post agendas and minutes of public meetings online. The Local Open Government Blog raises concerns about the bill.

We think the bill is great. You should contact your House representative and urge passage of SSB 5553.

KING 5 Piece "Does Gov't Spend Too Much Time Disclosing Records?"

2011-03-21T13:45:00.000-07:00

This is interesting.

U.S. Supreme Court Lets Lower Ruling Stand Requiring Disclosure of Bank Bailout Records

2011-03-21T13:39:00.000-07:00

We can now see how hundreds of billions of our dollars were utilized.

Sunshine Week: Wrap Up

2011-03-21T06:04:00.000-07:00

Here are some pieces from the end of Sunshine Week:

A column by Karen Peterson of The (Tacoma) News Tribune.

An op-ed piece by State Auditor Sonntag and Attorney General McKenna in the Tri-City Herald.

Sunshine Week: Thursday

2011-03-18T09:27:00.000-07:00

A piece from yesterday and today:

The Olympian editorial on some bright spots and concerns about recent bills.

Sunshine Week: Wednesday

2011-03-16T10:45:00.000-07:00

Here are the pieces on Sunshine week from yesterday and today:

The Washington Post reports that President Obama is receiving an open-government award despite his administration's mixed (some say, poor) record.
An editorial from The (Vancouver) Columbian on Sunshine Week.
A Seattle Times piece on a Sunshine Week forum in Seattle.

Sunshine Week: Tuesday

2011-03-15T13:08:00.000-07:00

Here are some items from today and yesterday:

Olympian piece on Sunshine Week
Washington Coalition for Open Government's award of a Key Award to Gloria Howell, who used public records to uncover alleged corruption by a county official

Sunshine Week

2011-03-14T09:09:00.000-07:00

It's that time of year. Sunshine week is this week.

It's a national effort. We'll have lots of things up on og-blog this week.

Articles, Editorials, and Op-Eds

2011-03-14T08:11:00.000-07:00

Here are the pieces from today and this weekend:

AP piece on the horrible bills in the Legislature this year.
Jason Mercier's op-ed in the Bellingham Herald and the Wenatchee World on legislative transparency. Here is Mercier's model language for a solution to the problem.
Tri-City Herald story on the town of Mesa, nearly bankrupted because of its flagrant Public Records Act violations.
Kitsap Sun editorial on the U.S. Supreme Court's decision in a FOIA case involving records in Kitsap County.
Yakima Herald-Republic editorial on Sunshine Week.
The (Everett) Herald editorial on legislative transparency and Sunshine Week.
AP piece on President Obama's failure to deliver on promises of more openness in the federal government.

Public Records Show ... School Bus Driver Accused of Past Violence Against Children

2011-03-10T11:12:00.000-08:00

The (Everett) Herald has this story, which could only be presented because of access to public records.

Kelso Pays $3,336 to Prisoner for Public Records Violation

2011-03-09T10:16:00.000-08:00

The (Longview) Daily News reports that a prisoner, who made numerous records requests to the City of Kelso but didn't receive any response, has settled a Public Records Act suit for $3,336.

Before you say, "Prisoners shouldn't get public records let alone $3,336," look at the records he requested. They related to his arrest. If people can't find get records about their own arrest, we're all worse off.

! Big Win in U.S. Supreme Court for Washington State Records Requestor !

2011-03-07T09:46:00.000-08:00

Milner v. U.S. Dep't of Navy is out. This is great. The government's attempted misuse of FOIA here was preposterous.

Kudos to Seattle attorney Kathy George for working on this.

Clark County Open Meetings Question

2011-03-07T09:22:00.000-08:00

The (Vancouver) Columbian reports on a meeting of two out of three Clark County Commissioners had with Congressmen concerning a transportation project.

The County says that there was no violation of the Open Public Meetings Act because they didn't transact County business. Well, all they need to do is "discuss" County business and it's a meeting subject to the Open Public Meetings Act. Did those Congressmen have a meeting to talk about the weather?

State Auditor's Office Puts Public Records Online

2011-03-07T09:17:00.000-08:00

It can be done! Public records available without even asking for them, and without the agency having to spend it's time and money finding them.

The State Auditor's Office is doing so. They are putting up commonly asked for records such as the Seattle Public School District audit.

Spokesman-Review Editorial on Opening Up Congressional Research Service Records

2011-03-07T08:57:00.000-08:00

The Spokesman-Review writes this editorial about Congressional Research Service records. They are currently exempt from FOIA.

Yakima Herald-Republic Editorial on Legislative Transparency

2011-03-02T08:55:00.000-08:00

The Yakima Herald-Republic writes this editorial on the lack of transparency in the Washington Legislature.

City of Vancouver Considering Curbs on Public Testimony at City Council Meetings

2011-02-28T09:21:00.000-08:00

The (Vancouver) Columbian has this article on the City of Vancouver's attempts to limit citizen comment at public meetings.

Public Records Show ... County Assessor-Treasurer Resisted Investigation

2011-02-28T06:17:00.000-08:00

The (Tacoma) News Tribune has this story on the efforts of the Pierce County Assessor-Treasurer to resist an investigation.

How do we know this? Public records.

Public Records Show ... How Public Housing Authority Lost Money

2011-02-22T16:29:00.000-08:00

The Kitsap Sun did an investigative series on the financial woes of the Kitsap County housing authority. How did they do it?

With public records, of course. This story describes how.

Tri-City Herald Pieces on Public Records

2011-02-22T10:43:00.000-08:00

A bunch of good stuff from the Tri-City Herald this weekend:

http://www.tri-cityherald.com/2011/02/20/1375686/public-records-act-demands-cities.html#storylink=omni_popular (NOTE: This story quotes Greg Overstreet of Allied Law Group.)

http://www.tri-cityherald.com/2011/02/21/1376747/unintended-effects-of-public-records.html (NOTE: This story also quotes Greg Overstreet of Allied Law Group.)

http://www.tri-cityherald.com/2011/02/21/1376890/legislative-fixes-being-considered.html#storylink=mirelated

http://www.tri-cityherald.com/2011/02/20/1375685/whos-asking-for-public-records.html#storylink=mirelated

http://www.tri-cityherald.com/2011/02/21/1376519/when-public-records-become-stories.html#storylink=mirelated

http://www.tri-cityherald.com/2011/02/17/1372797/public-records-always-offer-reason.html (contains link to audio of NPR interview)

Legislative Transparency Bill Is Dead

2011-02-15T13:33:00.000-08:00

Sigh.

KUOW Piece on Public Records Case Against Seattle Police

2011-02-14T16:03:00.000-08:00

This is the transcript of a KUOW report on a Public Records Act suit against the Seattle Police Department regarding alleged police misconduct against a man named Evan Sargent.

NOTE: Greg Overstreet of Allied Law Group is assisting Sargent's counsel in the case.

Olympian Editorial on Legislative Transparency

2011-02-09T08:59:00.000-08:00

This editorial from the Olympian urges the Legislature to make its decisions in public.

Tacoma Asks for Records Back

2011-02-08T15:09:00.000-08:00

The City of Tacoma gave a records requestor an unredacted set of records and now wants them back.

TNT Editorial on Administrative Appeals Office

2011-02-08T09:04:00.000-08:00

This editorial from The (Tacoma) News Tribune describes why the bill to allow an alternative to litigation in Public Records Act cases makes sense.

Op-Ed Piece on Legislative Transparency

2011-02-08T09:02:00.000-08:00

This op-ed by Sen. Randi Becker in The (Tacoma) News Tribune describes why the public should be able to see proposed legislation on taxes and spending before it's passed.

Not Turning Over Public Records Can Be an Ethics Violation--and Potentially a $5,000 Fine Paid by the Employee

2011-02-07T09:28:00.000-08:00

This column by Peter Callaghan at The (Tacoma) News Tribune describes a recent court ruling that RCW 42.52.050(4) of the State Ethics Act actually means what it says, which is:

"No state officer or state employee may intentionally conceal a record if the officer or employee knew the record was required to be released under [the Public Records Act], was under a personal obligation to release the record, and failed to do so. ..."

A violation of this law could lead to a $5,000 fine from the Ethics Board. The offending state employee, not the agency, must pay it.

Obama Administration to GOP: Your FOIA Investigation Is Killing Us

2011-02-02T15:17:00.000-08:00

The GOP Chair of House Oversight Committee, Rep. Darrell Issa, asked for records on how federal agencies are handling FOIA requests.

The Obama administration responded by saying that Rep. Issa's request would significantly overburden the agencies.

So it's too much work to see how federal agencies are complying--or not--with FOIA? Then that would make actually complying with FOIA way, way too much work.

Open Gov't Laws Fight Corruption in India

2011-02-01T09:24:00.000-08:00

This interesting piece comes from the Local Open Government Blog, which is put out by a law firm representing local governments.

It describes India's new open government law and how the poor are using it to fight corruption. One requestor was even murdered for making a request.

Rebuttal From Gov't Attorney on Inmate Requests

2011-01-31T11:15:00.000-08:00

The Spokesman-Review has this rebuttal on inmate requests from a former government attorney.

Spokane Records Case in State Supreme Court

2011-01-29T06:18:00.000-08:00

This story from the Spokesman-Review describes the Neighborhood Alliance case.

NOTE: Michele Earl-Hubbard and Chris Roslaniec of Allied Law Group filed a friend of the court brief in this case for the records requestor.

Seattle Police Withheld Email in Investigation of Shooting

2011-01-29T06:08:00.000-08:00

The Seattle Times reports that the Seattle Police Department withheld an email from a city council member to the police chief calling for outside review of a controversial shooting of a citizen.

House Adopts Budget "Time Out" Transparency Rule

2011-01-29T06:00:00.000-08:00

The good folks at the Washington Policy Center tell us that the state House of Representatives has adopted a budget "time out" rule. It allows 24 hours between the introduction of a budget and a vote.

How the public is supposed to understand hundreds of pages of a budget document in 24 hours is not explained, but it is a small (actually, tiny) step toward transparency.

Kitsap Sun Editorial on the (Bad) Public Records Act Bills Pending in the Legislature

2011-01-26T12:18:00.000-08:00

The Kitsap Sun knocks it out of the park with this editorial.

Kitsap Sun Article on Public Records Bills

2011-01-25T11:12:00.000-08:00

The Kitsap Sun has this article on the Public Records Act bills in the Legislature this session.

Olympian Editorial on Yakima Case on Legal Invoices

2011-01-25T07:12:00.000-08:00

The Olympia writes this editorial on the fantastic 9-0 state Supreme Court victory for open government in the Yakima Herald-Republic newspaper's suit to obtain legal invoices showing how $2 million of tax money was spent on the legal defense of two defendants.

NOTE: Michele Earl-Hubbard of Allied Law Group represented the Yakima Herald-Republic in the case. She is quoted in the editorial.

Rep. Chris Hursts' Op-Ed Piece on Administrative Appeals for Open Gov't Cases

2011-01-24T14:00:00.000-08:00

Rep. Chris Hurst writes this op-ed piece in the Seattle Times on his bill to allow administrative appeals of open government cases.

Spokesman-Review Piece on Restricting Prisoner Access to Records

2011-01-24T13:57:00.000-08:00

Jim Camden of the Spokesman-Review writes this piece on the bills to restrict prisoners' access to public records.

Senate Hears Anti-Openness Bills

2011-01-24T13:48:00.000-08:00

TVW has this piece on bills to put more hurdles in front of public records requestors.

HB 1034 on Restricting Prisoner Access to Public Records

2011-01-21T09:52:00.000-08:00

TVW's Capitol Record reports on the hearing on HB 1034, a bill to restrict prisoner access to public records.

Bill to Create Administrative Appeals for Records Cases Questioned

2011-01-21T09:28:00.000-08:00

The Olympian reports on HB 1044, a bill to allow administrative appeals of Public Records Act cases. It would cost a little money and the state doesn't have any.

New Case on Paying for Copies of Public Records

2011-01-19T15:27:00.000-08:00

If you aren't inspecting records and then tell the agency you won't pay for copies, they don't have to search for responsive records. So holds Gronquist v. Dept' of Corrections.

SB 5088: Allowing Agencies to Charge for "Search Time" to Provide Public Records

2011-01-19T10:19:00.000-08:00

SB 5088 is atrocious must be stopped.

It has a companion bill in the House, HB 1300.

Here is a story on the bills in the Kitsap Sun.

There are no hearings planned for these bills. Yet.

Olympian Editorial on Proposal to End Legislative Secrecy

2011-01-19T10:01:00.000-08:00

The Olympia writes this editorial on a proposed state constitutional amendment to end the Legislature's current practice of doing its business largely in secret.

The proposed constitutional amendment is based on a proposal by the Washington Policy Center.

(Vancouver) Columbian Editorial on Legislative Secrecy

2011-01-18T13:44:00.000-08:00

The (Vancouver) Columbian writes this editorial on legislative secrecy.

Online Resource for Newly Elected Officials on Records Retention

2011-01-17T06:34:00.000-08:00

The Tri-City Herald writes this on a Secretary of State online resource to teach newly elected officials about records retention requirements. Great work by the Secretary of State's Office.

Centralia Settles Public Records Case

2011-01-13T11:43:00.000-08:00

The City of Centralia has settled a Public Records Act case brought by The (Centralia/Chehalis) Chronicle to obtain evaluations of the city manager. The City will $14,650 to newspaper in attorney fees and agrees to all future city manager evaluations.

NOTE: Michele Earl-Hubbard and Chris Roslaniec of Allied Law Group represented the newspaper.

Yakima Herald Case is Out

2011-01-13T09:11:00.000-08:00

Today the state Supreme Court ruled in favor of a records requestor, the Yakima Herald-Republic, in a case. Here is the conclusion to the opinion:
___________

We reaffirm long standing case law and hold that the documents prepared
by court personnel in connection with court cases and maintained by the court are
judicial documents governed by GR 15. Further, we hold that such documents,
when transferred to nonjudicial county entities, are governed by the PRA unless
they are subject to an additional protective order. We also hold that a trial court
has jurisdiction to consider a motion to unseal court documents and is not required
to seek permission from an appellate court pursuant to RAP 7.2 when the sealing
order will not impact a separate decision on appeal, and that a limited intervention
by a third party in a criminal case is a proper procedure after trial has ended. In the
interests of judicial economy, we remand to the trial court to determine whether
continued sealing of these financial documents is proper pursuant to GR 15(e),
given the current posture of the criminal case.

With regard to documents held by nonjudicial branch agencies, we reverse
the trial court and remand for the county to comply with the PRA consistent with
this opinion. Finally, we award costs and reasonable attorney fees to the Herald-Republic but deny daily penalties as premature.

! SB 5088 Proposes "Search Fees" For Public Records !

2011-01-12T14:02:00.000-08:00

If you care about open government, you absolutely must contact your state Senator and ask him or her to oppose Senate Bill 5088.

It does not have a hearing yet. Keep checking this link to see if it gets one. I'm guessing it will because so many anti-open government bills are moving through the Legislature this year.

This is a really big deal.

Attorney General and Auditor Endorse Legislative Transparency Amendment

2011-01-12T11:56:00.000-08:00

Attorney General Rob McKenna and State Auditor Brian Sonntag have endorsed a proposed state constitutional amendment to require more transparency in the legislative process. Kudos to both.

Spokesman-Review: Best Way to Reduce Records Costs Is to Comply with Law

2011-01-05T09:55:00.000-08:00

The Spokesman-Review writes this editorial on the problem of agencies spending a lot on Public Records Act compliance.

Court Awards Sanctions Against Repeat Records Requestor

2011-01-03T09:39:00.000-08:00

The Local Open Government Blog, put out by a Seattle law firm representing government agencies, has this write-up of Phillips v. Valley Communications, Inc. In that case, the Court of Appeals upheld monetary sanctions against a records requestor under court rules prohibiting frivolous law suits.

Delays in Providing Palin Emails Exceed Her Term as Governor

2010-12-29T16:21:00.000-08:00

MSNBC has this story on the very long delays in getting former Alaska Governor Sarah Palin's state emails.

Mechling Settles Public Records Case with City of Monroe

2010-12-22T08:22:00.000-08:00

Meredith Mechling, who is a true open-government hero, settled her long and nasty Public Records Act case against the City of Monroe.

She received $157,394 in attorney fees, costs, and penalties. The Public Records Act requires a violating agency to pay these to a successful requestor.

This payment could have been avoided if the City had just provided the records in the first place. Now Meredith Mechling will be portrayed as the "villain" who "cost" the City $157,394. She isn't the villain.

You can count on the City of Monroe using its expensive violation of the law as a reason to provide fewer public records. It "costs" so much, you see.

King County Tackles Social Media Rules for Open Gov't

2010-12-21T09:38:00.000-08:00

The Local Open Government Blog, put out by the law firm of Foster Pepper which represents local governments in Public Records Act matters, has this piece on how King County is addressing the open-government ramifications of County use of social media like Facebook and Twitter using County resources. The County has established a work group to make recommendations.

Good for King County. (See: We compliment government when it does the right thing.)

Public Records Show ... Tax-Exempt Hospital Employees Made a Lot of Money

2010-12-20T14:58:00.000-08:00

KUOW describes how public records allowed it to find out that 21 employees of tax-exempt hospitals in the Puget Sound area made over $1,000,000.

2010-12-07T18:22:00.001-08:00

Just Have Fun and Enjoy Your Life!!

We all complain about our lives from time to time. An unexpected expense comes up or we get laid off from our jobs. So many things can happen to us in even just one day. Unfortunately, complaining is a waste of time. It is a grown up version of whining, and yes, we too have tantrums. The key to enjoying life is in how we react to the events and mishaps in our daily lives.

Not Too Much Open Gov't Going On

2010-12-07T08:44:00.000-08:00

We are not on vacation here at og-blog. There hasn't been too much going on in the open government world.

We'll keep you posted.

US Supreme Court Hears Washington State FOIA Case

2010-12-01T11:58:00.000-08:00

The Supremes are hearing a FOIA case from western Washington.

Kitsap Sun Describes Why It Sought Police Dash Cam Video of Police Shooting

2010-11-22T04:54:00.000-08:00

David Nelson of the Kitsap Sun writes this column on why his newspaper went to court to obtain a copy of a police dash cam video showing the shooting death of a motorist--and why the paper ultimately decided not to put the video on its web site even after winning the court case.

This is a very important example of privacy and accountability. Accountability ultimately won out, which is the purpose of the Public Records Act, but the Kitsap Sun acted with compassion to honor the wishes of the deceased's family as much as possible. A class act.

NOTE: The column mentions Greg Overstreet of Allied Law Group who represented the Kitsap Sun in the case.

Supreme Court Issues Public Records Ruling in Lakewood Police Killer Case

2010-11-18T16:13:00.000-08:00

The Supreme Court decided--unanimously--in favor of releasing public records and court files involving the trial of those accused of aiding Maurice Clemmons when he killed four Lakewood police officers.

Here is the opinion and a blog piece on it.

Praise for an Elected Official

2010-11-17T16:21:00.000-08:00

Tracy Warner of the Wenatchee World writes this piece praising the open-government work of Chelan County Clerk Siri Woods.

Port Angeles "Do Over" Because of Open Meetings Issues

2010-11-16T11:42:00.000-08:00

The Local Open Government Blog, sponsored by a law firm representing local governments, has this piece on a joint pool district having to meet a second time (this time in compliance with the Open Public Meetings Act) to hire a director. It also discusses the question of which bodies are subject to the OPMA.

Public Records Show ... Evidence Leading to Indictment of Sheriff

2010-11-13T05:46:00.000-08:00

A Kentucky newspaper used that state's public records law to find some disturbing things about a local sheriff, which then led to his indictment.

Once again, trouble makers use a public records law to just bother people.

Attorney General Model Rules for Open Meetings?

2010-11-12T13:07:00.000-08:00

Mike Reitz at the Evergreen Freedom Foundation writes this on whether the Attorney General's Office will draft model rules for open meetings like they did for public records.

Washington Coalition for Open Gov't Forum in Olympia

2010-11-11T06:55:00.000-08:00

The Washington Coalition for Open Government held a forum in Olympia last night. The Olympian writes this story about it.

It was amazing--and sad--that of the 70 or so people in the audience there were only 2 elected officials. One of them complained about how much work it is to respond to public records requests.

Boehner on New Congressional Transparency Measures

2010-11-08T14:13:00.000-08:00

U.S. House Speaker-Designate John Boehner writes this in the Wall Street Journal on what the next Speaker (that would be him) should do.

The open-government highlights are:

Let Americans read bills before they are brought to a vote.
No more "comprehensive" bills.
No more bills written behind closed doors in the speaker's office.

All this is good. But we've heard this before from whomever was about to assume power. As with the Democrats, we will applaud Republicans' promised open-government reforms only when we see them actually put into place.

Op-Ed Piece on Washington Coalition for Open Gov't Legislative Agenda

2010-11-06T06:31:00.000-07:00

Michael Fancher writes this op-ed piece in The Olympian on the Washington Coalition for Open Government's 2011 legislative agenda.