Battle to restrict public records requests heats up

Those looking for a more transparent government are increasingly relying on public records to make it happen.

They hope the more documents they obtain the clearer their view of what’s really going on behind closed doors in school districts, city halls and county buildings.

But there are those throughout the public sector convinced some of these Washingtonians are abusing the Public Records Act.

An alliance of government forces — whose members often are the targets of the records — tried unsuccessfully earlier this year to rewrite the act to make it easier to repel requesters whose motives they question.

With the help of Republican and Democratic lawmakers, they pushed a bill to make it easier for public agencies to block requests and to limit the time spent compiling records.

Though the bill died in the legislative process, the matter reappeared in the state budget in the form of a provision to spend $25,000 contemplating ways to help governments deal with records requests they consider harassing.

Lawmakers tapped the Ruckelshaus Center, a joint venture of the University of Washington and Washington State University, to facilitate a conversation between those in the alliance and those who viewed the failed bill as an unprecedented attack on citizens’ right to petition their government. By Dec. 15, the center is supposed to put forth recommendations.

The effort is just getting off the ground and folks at the center are tamping down expectations what will emerge.

Michael Kern, the center director, said this week the time frame is too tight to pull the parties together for fruitful face-to-face sessions presuming everybody on all sides is interested in doing so.

The game plan is to speak with 20 to 30 people who’ve been visible and vocal in the legislative conflict then prepare an assessment of the situation based on what center staff hears in the interviews.

“We’ll report what the diverse interests say,” he said. “It will not include our opinions because we don’t have opinions. We are a neutral third party.”

That’s not quite what Democratic Rep. Dean Takko of Longview envisioned when he helped persuade leaders of his party to put the proviso in the budget. Takko, who sponsored the failed bill, hoped the skilled forces at the center could blaze a trail lawmakers could not.

“Myself and quite a number of other people think there’s something we need to address,” said Takko, a former Cowlitz County assessor and Cathlamet City Council member. “I don’t think anybody wants to hide public records. What we’re trying to do is stop frivolous requests.”

Now, he’ll take whatever they provide this winter as a possible starting point for legislation in 2014.

“In all honesty, we probably will not be a whole lot further than when the session ended,” he said. “It’s a big enough issue that we have to take some baby steps forward.”

Another person interested in talking with Kern’s team is Jason Mercier, an analyst with the Washington Policy Center and member of the Washington Coalition for Open Government. The coalition strongly opposed Takko’s bill.

He sees no reason to change the Public Records Act. The problem isn’t the law, he said, but officials understanding of it. Many do not realize what tools are already available to them when someone submits one of those so-called burdensome requests.

He suggested lawmakers asked the wrong question with the budget proviso. Leaders in local governments say hefty requests can chew up staff time and taxpayer dollars but there’s no data on how much time and money is wasted to back up their claims, he said. Getting the answer would really inform the discussion, he said.

Sounds like something a public records request, or two, could clear up.

Political reporter Jerry Cornfield’s blog, The Petri Dish, is at www.heraldnet.com. Contact him at 360-352-8623 or jcornfield@heraldnet.com.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Traffic idles while waiting for the lights to change along 33rd Avenue West on Tuesday, April 2, 2024 in Lynnwood, Washington. (Olivia Vanni / The Herald)
Lynnwood seeks solutions to Costco traffic boondoggle

Let’s take a look at the troublesome intersection of 33rd Avenue W and 30th Place W, as Lynnwood weighs options for better traffic flow.

A memorial with small gifts surrounded a utility pole with a photograph of Ariel Garcia at the corner of Alpine Drive and Vesper Drive ion Wednesday, April 10, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Death of Everett boy, 4, spurs questions over lack of Amber Alert

Local police and court authorities were reluctant to address some key questions, when asked by a Daily Herald reporter this week.

The new Amazon fulfillment center under construction along 172nd Street NE in Arlington, just south of Arlington Municipal Airport. (Chuck Taylor / The Herald) 20210708
Frito-Lay leases massive building at Marysville business park

The company will move next door to Tesla and occupy a 300,0000-square-foot building at the Marysville business park.

Mountlake Terrace Mayor Kyko Matsumoto-Wright on Wednesday, April 10, 2024 in Mountlake Terrace, Washington. (Olivia Vanni / The Herald)
With light rail coming soon, Mountlake Terrace’s moment is nearly here

The anticipated arrival of the northern Link expansion is another sign of a rapidly changing city.

Logo for news use featuring the municipality of Snohomish in Snohomish County, Washington. 220118
1 dead in motorcycle crash on Highway 522 in Maltby

Authorities didn’t have any immediate details about the crash that fully blocked the highway Friday afternoon.

Photographs in the 2024 Annual Black and White Photography Contest on display at the Schack Art Center on Thursday, April 18, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Black and white photos aren’t old school for teens at Schack Art Center

The photography contest, in its 29th year, had over 170 entries. See it at the Schack in Everett through May 5.

A memorial with small gifts surrounded a utility pole with a photograph of Ariel Garcia at the corner of Alpine Drive and Vesper Drive ion Wednesday, April 10, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Everett mom charged with first-degree murder in death of son, 4

On Friday, prosecutors charged Janet Garcia, 27, three weeks after Ariel Garcia went missing from an Everett apartment.

Dr. Mary Templeton (Photo provided by Lake Stevens School District)
Lake Stevens selects new school superintendent

Mary Templeton, who holds the top job in the Washougal School District, will take over from Ken Collins this summer.

A closed road at the Heather Lake Trail parking lot along the Mountain Loop Highway in Snohomish County, Washington on Wednesday, July 20, 2023. (Annie Barker / The Herald)
Mountain Loop Highway partially reopens Friday

Closed since December, part of the route to some of the region’s best hikes remains closed due to construction.

Emma Dilemma, a makeup artist and bikini barista for the last year and a half, serves a drink to a customer while dressed as Lily Munster Tuesday, Oct. 25, 2022, at XO Espresso on 41st Street in Everett, Washington. (Ryan Berry / The Herald)
After long legal battle, Everett rewrites bikini barista dress code

Employees now have to follow the same lewd conduct laws as everyone else, after a judge ruled the old dress code unconstitutional.

The oldest known meteor shower, Lyrid, will be falling across the skies in mid- to late April 2024. (Photo courtesy of Pixabay)
Clouds to dampen Lyrid meteor shower views in Western Washington

Forecasters expect a storm will obstruct peak viewing Sunday. Locals’ best chance at viewing could be on the coast. Or east.

AquaSox's Travis Kuhn and Emerald's Ryan Jensen an hour after the game between the two teams on Sunday continue standing in salute to the National Anthem at Funko Field on Sunday, Aug. 25, 2019 in Everett, Wash. (Olivia Vanni / The Herald)
New AquaSox stadium downtown could cost up to $120M

That’s $40 million more than an earlier estimate. Alternatively, remodeling Funko Field could cost nearly $70 million.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.