Elected officials required to undergo public records training

OLYMPIA — Understanding how the state’s public records and open meeting laws work is no longer an option for elected local officials in Washington.

It’s a requirement.

Under a new law, winners in this year’s elections must undergo training on the two statutes that are the bedrock of Washington’s open government regulations within 90 days of assuming their duties.

The law, which took effect July 1, covers members of city and county councils, school boards, fire commissions and special districts as well as statewide elected officials, including Gov. Jay Inslee. It also applies to appointees to local and statewide office.

State lawmakers — the majority of whom approved the law earlier this year — are exempt. So are judges.

And incumbents at all levels of government are not required to take the training until after their next election “but we strongly recommend” they do it sooner, said Nancy Krier, the assistant attorney general who handles open government issues.

There are different ways to fulfill the task and many in public service are taking advantage now.

The Office of the Attorney General offers an online training course with lessons on principles behind open government and laws dealing with managing, disclosing and retaining of public records.

There are also separate videos on the public records and open meeting laws featuring Attorney General Bob Ferguson and Krier. Watching them, which takes less than an hour, is enough to satisfy the intent of the law she said.

“It’s not a burden and it’s free,” Krier said.

Others are attending workshops on open meetings and public records state Auditor Troy Kelley is hosting around the state.

Today in Everett, he’s holding a session at which 100 people reserved seats, including office holders, city attorneys, and employees of cities and special districts from several counties. It will be the fourth of seven such forums planned around the state.

“Everybody’s familiar with our job of auditing folks and trying to find fault,” said Thomas Shapley, spokesman for the auditor. “Another part of the job is helping governments become accountable and in the long run earn more public trust.”

Impetus for the new law came partly in response to a 2012 report of the State Auditor’s Office that identified 250 incidents involving violations of varying proportion of Washington’s Public Records Act and Open Meetings Law.

Some were one-time or infrequent occurrences such as inadequately recording and maintaining public meeting minutes. There were more significant instances too, including board and council members discussing business and reaching consensus through email rather than in an open meeting.

Problems with public record disclosures have emerged as a major concern of local governments in recent years. Lawsuits stemming from failure to disclose records, or to do so in a timely manner, resulted in significant fines against some entities.

The state Supreme Court has held that when deciding penalties for violations of the public records laws, courts can consider whether employees of an agency received training.

Lawmakers hoped by requiring training, it will improve how records are dealt with and reduce the potential for small errors resulting in big fines.

Complying with the new law is pretty much on the honor system as the law doesn’t create a database for keeping track of training statewide.

It is up to each governing board and Krier encourages them to create certificates they can hand out for each person when they complete training. A sample of a certificate is available on the attorney general’s website, she said.

Jerry Cornfield: 360-352-8623; 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

A firefighter stands in silence before a panel bearing the names of L. John Regelbrugge and Kris Regelbrugge during the ten-year remembrance of the Oso landslide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
‘Flood of emotions’ as Oso Landslide Memorial opens on 10th anniversary

Friends, family and first responders held a moment of silence at 10:37 a.m. at the new 2-acre memorial off Highway 530.

Julie Petersen poses for a photo with images of her sister Christina Jefferds and Jefferds’ grand daughter Sanoah Violet Huestis next to a memorial for Sanoah at her home on March 20, 2024 in Arlington, Washington. Peterson wears her sister’s favorite color and one of her bangles. (Annie Barker / The Herald)
‘It just all came down’: An oral history of the Oso mudslide

Ten years later, The Daily Herald spoke with dozens of people — first responders, family, survivors — touched by the deadliest slide in U.S. history.

Victims of the Oso mudslide on March 22, 2014. (Courtesy photos)
Remembering the 43 lives lost in the Oso mudslide

The slide wiped out a neighborhood along Highway 530 in 2014. “Even though you feel like you’re alone in your grief, you’re really not.”

Director Lucia Schmit, right, and Deputy Director Dara Salmon inside the Snohomish County Department of Emergency Management on Friday, March 8, 2024, in Everett, Washington. (Ryan Berry / The Herald)
How Oso slide changed local emergency response ‘on virtually every level’

“In a decade, we have just really, really advanced,” through hard-earned lessons applied to the pandemic, floods and opioids.

Ron and Gail Thompson at their home on Monday, March 4, 2024 in Oso, Washington. (Olivia Vanni / The Herald)
In shadow of scarred Oso hillside, mudslide’s wounds still feel fresh

Locals reflected on living with grief and finding meaning in the wake of a catastrophe “nothing like you can ever imagine” in 2014.

Imagine Children's Museum's incoming CEO, Elizabeth "Elee" Wood. (Photo provided by Imagine Children's Museum)
Imagine Children’s Museum will welcome new CEO in June

Nancy Johnson, who has led Imagine Children’s Museum in Everett for 25 years, will retire in June.

Kelli Littlejohn, who was 11 when her older sister Melissa Lee was murdered, speaks to a group of investigators and deputies to thank them for bringing closure to her family after over 30 years on Thursday, March 28, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
‘She can rest in peace’: Jury convicts Bothell man in 1993 killing

Even after police arrested Alan Dean in 2020, it was unclear if he would stand trial. He was convicted Thursday in the murder of Melissa Lee, 15.

Ariel Garcia, 4, was last seen Wednesday morning in an apartment in the 4800 block of Vesper Dr. (Photo provided by Everett Police)
Everett police searching for missing child, 4

Ariel Garcia was last seen Wednesday at an apartment in the 4800 block of Vesper Drive. The child was missing under “suspicious circumstances.”

The rezoned property, seen here from the Hillside Vista luxury development, is surrounded on two sides by modern neighborhoods Monday, March 25, 2024, in Lake Stevens, Washington. (Ryan Berry / The Herald)
Despite petition, Lake Stevens OKs rezone for new 96-home development

The change faced resistance from some residents, who worried about the effects of more density in the neighborhood.

Rep. Suzan DelBene, left, introduces Xichitl Torres Small, center, Undersecretary for Rural Development with the U.S. Department of Agriculture during a talk at Thomas Family Farms on Monday, April 3, 2023, in Snohomish, Washington. (Olivia Vanni / The Herald)
Under new federal program, Washingtonians can file taxes for free

At a press conference Wednesday, U.S. Rep. Suzan DelBene called the Direct File program safe, easy and secure.

Former Snohomish County sheriff’s deputy Jeremie Zeller appears in court for sentencing on multiple counts of misdemeanor theft Wednesday, March 27, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
Ex-sheriff’s deputy sentenced to 1 week of jail time for hardware theft

Jeremie Zeller, 47, stole merchandise from Home Depot in south Everett, where he worked overtime as a security guard.

Everett
11 months later, Lake Stevens man charged in fatal Casino Road shooting

Malik Fulson is accused of shooting Joseph Haderlie to death in the parking lot at the Crystal Springs Apartments last April.

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.