WashCOG seeks help squashing bill that threatens Public Records Act

Keep the view of government clear, WashCOG urges.

WashCOG is urging supporters of Washington’s Public Records Act to alert their legislators to reject a bill that purports to “modernize” the PRA but contains some problematic terms that hint of chipping away at its effectiveness.

House Bill 2661 calls for a study group led by agencies that handle PRA requests, to consider ways to “modernize” the PRA and “deter abuse.” The group would be asked to seek ways to prevent “frivolous, retaliatory or harassing public records requests” with little definition.

The House State Government & Tribal Affairs Committee has a hearing at 1:30 p.m. Tuesday, Feb. 3, where comments are welcome – online or in person – up to one hour before the meeting begins. WashCOG representatives will be testifying against the bill, and urge fans of the Public Records Act to sign in online in opposition (“con”) to the legislation.

It was introduced by Rep. Skyler Rude (R-Walla Walla), who asked WashCOG to be among the study group members.

“The Washington Coalition for Open Government appreciates Rep. Rude for inviting us to participate in a task force to improve the Public Records Act. Unfortunately, having seen the bill, we feel we must oppose its passage,” said Mike Fancher, WashCOG president. “We are concerned that judgments have already been made that wouldn’t enhance the public’s right to know but could severely damage it.”

WashCOG contends that “frivolous, retaliatory or harassing” PRA requests are few, citing our ongoing monitoring of agency compliance with the law. It is rare for agencies to experience expensive searches or court challenges, according to a WashCOG data analysis.

However, House Bill 2661 seems to start with a premise that the majority of public records requests are expensive and time-consuming. The legislation also urges that requests be done only for undefined “legitimate purposes,” which is not in the spirit or the wording of the transparency law that originated by a referendum of the people of Washington 54 years ago.

“Instead of limiting public access to records, the legislature should focus on improving technology, processes, training and funding to improve the PRA,” Fancher added.

More information about House Bill 2661 is also available in our Olympia Watch, which tracks pending legislation related to open government issues.