Lawmakers seek solutions to public records request abuses

OLYMPIA — Tales of abuse of Washington’s public records law are piling up in cities, counties, schools and other local government around the state.

So, too, is the tab for taxpayers, compelling civic leaders to once again press lawmakers for help.

But like similar attempts the past few years, lawmakers are struggling to find that legislative sweet spot, where abusers of public records laws can be deterred without undermining Washington’s sacred doctrine of open government.

“There are solutions. The reasons we haven’t really attacked it is because it would be a really extreme thing to remedy the situation,” said Rep. Sherry Appleton, D-Poulsbo, chairwoman of the House Local Government Committee where the debate is playing out this session.

“Maybe in the future if we don’t find any relief for all of these massive requests we’ll have to repeal the Public Records Act and start all over again,” she said. “I am not proposing that. I don’t think that’s going to happen but I don’t see any other way to help them.”

Concern is bipartisan.

“It is no longer just about Gold Bar,” said House Minority Leader Dan Kristiansen, R-Snohomish, referring to the small town in his district that’s reported being nearly bankrupted by the cost of paying workers to respond to records requests.

“The problem’s been acknowledged by a much broader group than it’s ever been,” he said. “I don’t see a way to solving the whole problem. Can we start chipping away at it? The difficult part is trying to do it in such a way that you still have public access for people who really need it.”

This year’s attempt at reform is House Bill 2576, authored by Rep. Joan McBride, D-Kirkland, a former Kirkland City Council member. It has 15 co-sponsors, including Rep. Cindy Ryu, D-Shoreline.

Appleton conducted a hearing on it last month and the Local Government Committee could vote to pass it as early as Wednesday.

“This is a very modest bill and a good, elegant first step in dealing with that 1 percent of records requests that are harassing,” McBride testified at the Jan. 28 hearing.

It would let cities, counties and other local government bodies limit how much time its staff spends responding to public records requests each month, subject to certain conditions, including making more information about budgets and spending easily available for public inspection.

It also would allow governments to prioritize the handling of requests based on the volume of records sought and the number of requests the requestor has made in the preceding 12 months.

Supporters contend this provision would enable demands from serial requesters and data mining firms to be put behind those from individuals, noncommercial entities and the media. A government body would be required to conduct a public hearing on any proposed rules before adopting them.

The bill also would establish a new five-person Public Records Commission to help resolve disputes between those seeking documents and public agencies.

And it would allow higher fees to be collected from an individual or company that intends to sell or resell the information for profit. Existing law limits agencies to recouping only the cost of copying and providing the documents.

Rowland Thompson, executive director of Allied Daily Newspapers, and Toby Nixon, president of the Washington Coalition on Open Government oppose the bill as written.

“It is a grab bag of the good, the bad and the ugly,” Thompson said Tuesday. (The Daily Herald is a member of the organization.)

Finding a way to handle vexing requesters is good, he said. But the bad and ugly in the bill would enable requesters to be asked why they want the records. That could have a chilling effect on whistle-blowers, journalists and anyone wanting to keep their reasons and identity private, he said.

State law generally does not allow governments to pick and choose how to respond to individual records requesters. In 2011, legislators tweaked the law to impede the ability of inmates to collect fines in records cases and set up a means to enjoin people serving a criminal sentence from using records laws to harass or intimidate others.

“There is nothing in this bill that gets at the giant requests directly,” Nixon said, adding he thinks cities would like to see those prisoner provisions universally applied. He said the group’s legal committee is trying to craft different language for the bill.

This year’s debate on the Public Records Act comes after a few huge requests, including several whoppers from Tim Clemans, of Seattle.

Clemans sought millions of records from the University of Washington in January 2015 and then sought millions more from all state-level agencies the following month.

Both requests were denied because Clemans requests didn’t comport with the Public Records Act by seeking identifiable records as the law requires. Undeterred, Clemans made more headlines by filing similar requests at dozens of King County cities. He’s also made thousands of records requests in Seattle by “bot,” writing computer code to repeatedly submit demands for records.

Snohomish County has struggled with several big demands too, Sara Di Vittorio, a deputy prosecuting attorney told the legislative committee last month.

She talked about a request that sought all emails and documents generated by all county workers. It was estimated there would be 12 million records responsive to the request and it would take 56 years to fill it at a rate of 1,100 pages a day, she said.

Within four days the county spent $17,000 to rebuild an old server to store all the responsive documents. They prepared to spend another $83,000 for equipment to retain the material for all those years and roughly $5 million on staff to work solely on the request.

The person withdrew their request one week after submitting it, she said, but the county had already spent the $17,000.

Stories like these are why Rep. Terry Nealey, R-Dayton, one of the bill’s co-sponsors, said advocates for open government and the media should back the legislation now proposed.

“They should be on our side,” he said “This bill helps them. It attempts to fix the problem of not tying up local government so they don’t get caught in the long line behind what I call improper requests.”

The bill is heading in the right direction but not there yet, Nixon said.

“I think we’re making progress,” he said. “The more we work, the closer we get to something we’re willing to try.”

He and Thompson suggested a task force be formed to work on language in the interim.

Also, in August, the state Auditor’s Office is expected to release a report on how much money local governments spend fulfilling public records requests and how the nature and volume of records requests affects their operations.

“We need to do something,” Appleton said. “I just don’t know what the answer is. I don’t think anyone does. The only way to keep the conversation going is to keep the bill moving.”

Jerry Cornfield: 360-352-8623; jcornfield@heraldnet.com

This story has been modified to correct the spelling of the name of Sara Di Vittorio, a Snohomish County deputy prosecutor.

Talk to us

More in Local News

Students arriving off the bus get in line to score some waffles during a free pancake and waffle breakfast at Lowell Elementary School on Friday, May 26, 2023, in Everett, Washington. (Ryan Berry / The Herald)
800 free pancakes at Everett’s Lowell Elementary feed the masses

The annual breakfast was started to connect the community and the school, as well as to get people to interact.

Marysville Mayor Jon Nehring speaks at the groundbreaking event for the I-5/SR 529 Interchange project on Tuesday, May 23, 2023 in Marysville, Washington. (Olivia Vanni / The Herald)
$123M project starting on Highway 529 interchange, I-5 HOV lane

A reader wondered why the highway had a lane closure despite not seeing work done. Crews were waiting on the weather.

Justin Bell was convicted earlier this month of first-degree assault for a December 2017 shooting outside a Value Village in Everett. (Caleb Hutton / Herald file)
Court: Snohomish County jurors’ opaque masks didn’t taint verdict

During the pandemic, Justin Bell, 32, went on trial for a shooting. Bell claims his right to an impartial jury was violated.

Gary Fontes uprights a tree that fell over in front of The Fontes Manor — a miniature handmade bed and breakfast — on Friday, May 12, 2023, at his home near Silver Lake in Everett, Washington. (Ryan Berry / The Herald)
Everett’s mini-Frank Lloyd Wright builds neighborhood of extra tiny homes

A tiny lighthouse, a spooky mansion and more: Gary Fontes’ miniature world of architectural wonders is one-twelfth the size of real life.

Will Steffener
Inslee appoints Steffener as Superior Court judge

Attorney Will Steffener will replace Snohomish County Superior Court Judge Janice Ellis, who is retiring in June.

News logo for use with stories about Mill Creek in Snohomish County, WA.
Police: Mill Creek man fatally stabbed wife amid financial woes

After quitting his job at Amazon, the man amassed about $50,000 in debt, triggering a discussion about finances, he told police.

Outside of the current Evergreen Recovery Centers' housing to treat opioid-dependent moms with their kids on Thursday, May 25, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
$8M in behavioral health grants to benefit children, youth, families

Snohomish County awarded one-time federal funding to five projects that will reach at least 440 new people each year.

Cooper Cummings from the United States celebrates after winning a men's downhill during the Cheese Rolling contest at Cooper's Hill in Brockworth, Gloucestershire, Monday May 29, 2023. The Cooper's Hill Cheese-Rolling and Wake is an annual event where participants race down the 200-yard (180 m) long hill chasing a wheel of double gloucester cheese. (AP Photo/Kin Cheung)
Arlington High School grad is the big cheese after winning UK race

Cooper Cummings, who grew up in Lake Stevens, defeated a world record-holder in Cooper’s Hill Cheese Rolling and Wake.

Marysville firefighters respond to a 12-year-old boy who fell down a well Tuesday May 30, 2023 in Marysville, Washington. (Photo provided by Marysville Fire District)
Marysville firefighters save boy who fell 20 feet into well

The 12-year-old child held himself up by grabbing on to a plastic pipe while firefighters worked to save him.

Most Read