WashCOG special report calls for action to save the people’s Public Records Act

illustration of state capitol and report title, Your Right to Know

FEB. 22, 2024 — A special report released today urges the mobilization of civic leaders, organizations, businesses and all Washington residents to work together to save Washington state’s Public Records Act.

The report is available online for viewing and downloading.

State lawmakers and the courts continue to whittle away at the landmark public records law, which was adopted overwhelmingly with a citizens’ initiative in 1972. Since then, state legislators have passed more than 650 exceptions to the transparency law and have tried repeatedly to exempt themselves from it.

Washington residents argued in 1972, and we argue today, that nearly all records

involving our governance belong to the people, not the elected officials and employees entrusted to act on our behalf. Yet the attacks on this act have ramped up considerably in the past decade.

The latest claim of “legislative privilege”  by state lawmakers gives them the power to withhold essentially any document they choose, a privilege that flies in the face of the law’s intent.

Amid the stormy racial-justice protests of 2020, thousands of text messages were deleted from the phones of the former Seattle mayor and police chief. The city paid nearly $3 million in court settlements with whistleblowers and The Seattle Times. None of the officials involved was either fined or prosecuted.

“Many government agencies and officials complain the PRA is a burden that gets in the way of doing their job, but upholding it is an essential part of their job,” WashCOG President Mike Fancher said.  “It should be treated as such.”

This report explains how we got here and what we believe can and should happen next. The report’s central conclusion is simple and direct: The people’s right to know is eroding and this trend must be reversed.

In examining why the people’s right to know is being weakened, WashCOG found these recurring problems regarding the Public Records Act:

  1. The Washington Legislature undermines the PRA.

  2. Public officials and agencies obstruct requesters.

  3. Agencies fail to properly maintain, organize and disclose records.

  4. Open government training Is inadequate and often wrong.

  5. The Public Records Act needs to hold officials accountable.

We urge you to share this important report with your members and supporters by posting it on your website or newsletter, as well as sharing it on social media platforms.  

We must find the will and the way to preserve an open government for the good of our state and our democracy. We believe that is possible.

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