Media, lawmakers search for peace on public records

With mediation on tap, questions remain as to who can objectively participate.

OLYMPIA — A bunch of folks at the William D. Ruckelshaus Center are waiting to help bring about detente in the public records battle between lawmakers and the media.

They’ve been chosen to mediate a conversation on the process by which emails, texts, calendars and investigations generated by lawmakers could be made available in accordance with the state’s Public Records Act.

But their clients in the Legislature haven’t called to get started because they are still sorting things out themselves.

If you remember, a coalition of media organizations led by The Associated Press and including The Herald sued last year to compel lawmakers to hand over their records as other elected officials do. I am one of the reporters identified in the suit who sought those records.

In January, a Thurston County Superior Court judge sided with the media by ruling that individual lawmakers and their offices are subject to the public records law. The next stop for the lawsuit will be in front of the state Supreme Court.

Meanwhile, after the January decision lawmakers moved at breakneck speed and without any public hearings to pass a bill to disclose some records but exempt the really good ones. On March 1, Gov. Jay Inslee vetoed the bill.

He hadn’t planned on doing that. But tens of thousands of residents contacted his office to urge him to do so, fueled no doubt by an unprecedented coordination of front page newspaper editorials blasting lawmakers’ actions. The public’s backlash coupled with a masterful bit of diplomacy by Inslee’s top aides led to lawmakers apologizing for their haste and requesting a veto.

And lawmakers said they would form a task force to develop recommendations on the release of legislative records for consideration in the 2019 session. In the budget, they set aside $50,000 and named the Ruckelshaus folks as facilitators.

The task force hasn’t met. It’s unclear if it’s even been formed. They’ve been trying to figure out who can participate as an honest broker in the discussion.

Legislators are supposed to be on the panel.

Which ones? The leaders of the four caucuses? All four are defendants in the lawsuit, which would certainly skew their view. Instead of them, do you pick veteran lawmakers with sway in their caucuses or new members less resistant to change? Or is everyone potentially too close to the situation?

Representatives of the news media are supposed to be on it too.

Who? A member of the Capitol press corps like myself or an editorial page writer? What’s the motivation? Why would we negotiate terms for disclosure before the state Supreme Court acts? The attorney for the media coalition did pledge in writing to work with legislators to resolve differences, but is compromise possible on the major matters before the court rules?

Representatives of the Office of Attorney General are supposed to be on the task force. Attorney General Bob Ferguson has made his position clear and seems unlikely to waver if he intends to file an amicus brief to the high court in the case.

On balance, this task force will be challenged to agree on substantive recommendations until the legal landscape is clearer.

For the dialogue is to be productive, it would be useful to get outsiders with insider knowledge on board.

There are respected ex-lawmakers, ex-governors and ex-attorneys general around who understand the conflict. Former reporters, too. There’s no shortage of lawyers and activists with deep knowledge of the public records law.

Maybe folks at the Ruckelshaus Center could start combing through their contact lists as they await a call from their clients.

Jerry Cornfield: 360-352-8623; jcornfield@herald net.com. Twitter: @dospueblos.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Olivia Vanni / The Herald 
The Mukilteo Lighthouse. Built in 1906, it’s one of the most iconic landmarks in Snohomish County.
The Mukilteo Lighthouse. Built in 1906, it’s one of the most iconic landmarks in Snohomish County. (Olivia Vanni / The Herald)
Mukilteo mayor vetoes council-approved sales tax

The tax would have helped pay for transportation infrastructure, but was also set to give Mukilteo the highest sales tax rate in the state.

Marysville Mayor Jon Nehring gives the state of the city address at the Marysville Civic Center on Wednesday, Jan. 31, 2024, in Marysville, Washington. (Ryan Berry / The Herald)
Marysville council approves interim middle housing law

The council passed the regulations to prevent a state model code from taking effect by default. It expects to approve final rules by October.

x
State audit takes issue with Edmonds COVID grant monitoring

The audit report covered 2023 and is the third since 2020 that found similar issues with COVID-19 recovery grant documentation.

Bothell
Bothell man pleads guilty to sexual abuse of Marysville middle schoolers

The man allegedly sexually assaulted three students in exchange for vapes and edibles in 2022. His sentencing is set for Aug. 29.

Larsen talks proposed Medicaid cuts during Compass Health stop in Everett

Compass Health plans to open its new behavioral health center in August. Nearly all of the nonprofit’s patients rely on Medicaid.

Snohomish County Health Department Director Dennis Worsham on Tuesday, June 11, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Snohomish County Health Department director tapped as WA health secretary

Dennis Worsham became the first director of the county health department in January 2023. His last day will be July 3.

Police Cmdr. Scott King answers questions about the Flock Safety license plate camera system on Thursday, June 5, 2025 in Mountlake Terrace, Washington. (Olivia Vanni / The Herald)
Mountlake Terrace approves Flock camera system after public pushback

The council approved the $54,000 license plate camera system agreement by a vote of 5-2.

Community members gather for the dedication of the Oso Landslide Memorial following the ten-year remembrance of the slide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
The Daily Herald garners 6 awards from regional journalism competition

The awards recognize the best in journalism from media outlets across Alaska, Idaho, Montana, Oregon and Washington.

Community Transit saw a 17% jump in ridership from 2023 to 2024. Photo courtesy of Community Transit.
Snohomish County transit agencies seeking comments on planning docs

Community Transit and Everett Transit are preparing documents that lay out a path for future service and infrastructure improvments.

U.S. Rep. Rick Larsen talks with Volunteers of America leadership to discuss the consequences of the federal cuts on Monday, June 30, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Federal cuts to LGBTQ+ youth hotline to hit Everett center

U.S. Rep. Rick Larsen, D-Everett, visited the call center Monday to discuss impacts of the cuts, including longer wait times and staff layoffs.

U.S. Rep. Suzan DelBene, right, goes over a Chinook Marsh Project map with Snohomish County Surface Water Management’s Michael Rustay, left, and Erik Stockdale, center, at the project site on Tuesday, Aug. 13, 2024 in Snohomish, Washington. (Olivia Vanni / The Herald)
County receives $10 million grant for floodplain management

The state Department of Ecology funding will go toward 13 projects across the county working to restore habitat and support climate resiliency.

The Washington state Capitol. (Photo by Jacquelyn Jimenez Romero/Washington State Standard)
These Washington laws take effect July 1

Fee hikes for hunting and fishing licenses, workplace protections for immigrants and… Continue reading

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.