Washington Public Records Act
Contents
|
The Washington Public Records Act (PRA) is a series of laws designed to guarantee that the public has access to public records of government bodies at all levels in Washington.
The Washington Open Public Meetings Act legislates the methods by which public meetings are conducted.
To learn more about how to make a public records request in this state, please see: Washington FOIA procedures
Recent news
- See also: Washington transparency headlines
Transparency blocking
- State lawmakers urge against pricey ballot measures 2010-08-25 12:43:08
- Washington Policy Center releases report on legislative transparency issues 2010-06-23 17:06:18
- Will Legislature open its own records? 2009-08-04 13:46:46
More transparency blocking news from across the country.
Litigation
- WA Supreme Court rules court records only exempt when held by the courts 2011-01-20 10:23:25
- Bellingham sues over public records about deadly train crossing at Boulevard Park 2010-12-17 13:49:49
- Washington State Supreme Court blocks AG's release of corporate financial information 2010-11-09 11:45:20
More FOIA litigation news from across the country.
Legislation
- Washington Task Force Suggests New Records Office 2010-08-25 12:12:26
- Council approves ordinance to increase 'transparency' 2009-06-20 17:16:04
- Suit Prompts Mason County to Examine Public Records Procedure 2009-06-20 17:11:39
More FOIA legislation news from across the country.
Sunshine Guardians
No recent news. If you have news add it here
Other Sunshine Guardians from across the country.
Relevant legal cases
- See also: Court cases with an impact on state FOIA
Here is a list of lawsuits in Washington. For more information go the page or go to Washington sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)
| Lawsuit | Year |
|---|---|
| ACLU v. City of Seattle | 2009 |
| Brouillet v. Cowles Publishing | 1990 |
| City of Federal Way v. Koenig | 2009 |
| Cowles Publishing Co. v. Murphy | 1981 |
| Hangartner v. City of Seattle | 2004 |
| Harold Carey v. Mason County | 2009 |
| Hearst Corp. v. Hoppe | 1978 |
| Laborers Int'l Union Local No. 374 v. City of Aberdeen | 1982 |
| Nast v. Michels | 1986 |
| O’Neill v. City of Shoreline | 2008 |
| Progressive Animal Welfare Society v. University of Washington | 1994 |
| Rental Housing Association of Puget Sound v. City of Des Moines | 2009 |
| Soter v. Cowles Publishing | 2007 |
| Telford v. Thurston County Board of Commissioners | 1999 |
| Wood v. Battle Ground School District | 2001 |
| Yousoufian v. Office of Ron Sims | 2009 |
Proposed changes
- See sample transparency legislation at the Sunshine Standard
2011
We do not currently have any legislation for Washington in 2011. To add some, please see WikiProject Proposed state sunshine legislation.
2010
Here are a list of 30 random bills from Washington from 2010. For a full list, please see Washington transparency legislation.
2009
A raft of new legislation to change the law has been introduced in the state's 2009 legislative session. [1]
Senate:
- SB 5119 - Eliminate the Washington Sunshine Committee. [2]
- SB 5130 - Prisoner access to public records.[3] Sen. Mike Carrell (R-Lakewood) is the sponsor and says he has concerns that the current law (which allows prisoners to file FOIA requests) may be too liberal. [4]
- SB 5249 - Changing public records request provisions.[5]
- SB 5250 - Increases the maximum per page copying charge under the public records act.[6]
- SB 5251 - Defines per page cost for the purpose of copying costs under the public records act.[7]
The Seattle Times editorialized against the three bills proposed by Sen. Darlene Fairley (D-Shoreline): SB5249, SB5250 and SB5251, calling their common theme of increasing the costs of obtaining open records "a move sure to discourage people with the right to keep tabs on their government". [8]
House:
- HB 1017 - Creating a committee to study the feasibility of creating a board with public records act and open public meetings act responsibilities. [9]
- HB 1105 - Regarding public disclosure of records relevant to a controversy to which an agency is a party. [10]
- HB 1106 - Removing the ability of agencies to enjoin the examination of a specific public record. [11]
- HB 1107 - Regarding local government self-insurance programs and public records. [12]
- HB 1181 - Regarding prisoner access to public records.[13]
- HB 1288 - Exempts the annual parental declaration of intent to home school from the public disclosure act.[14]
- HB 1316 - Provides a court procedure to enjoin the production of public records the court deems were made for the purpose of harassment.[15]
- HB 1317 - Governs the disclosure of public records containing information used to locate or identify employees of criminal justice agencies.[16]
- HB 1471 - Removing the public records exemption for certain records addressing public sector collective bargaining. [17] [18]
Transparency report card
A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Washington #4 in the nation with an overall percentage of 62.10%. [19]
A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Washington 56 points out of a possible 100, a letter grade of "F", and a ranking of 16 out of the 50 states.[20]
A 2002 study, Freedom of Information in the USA, conducted by IRE and BGA, ranked Washington's law as the 8th best in the country, giving it a letter grade of "C+".[21]
Features of the law
Compare States: Sunshine variations: Click on the heading to compare your state's law to other state's transparency laws.
Declared legal intention
The statement of purpose of the Washington Public Records Act state that, "The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may maintain control over the instruments that they have created." [22]
What records are covered?
Washington law defines records as "any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics."[23] A recent Supreme Court ruling has said that accident reports are also public records.[24]
Exemptions
Washington law contains a great number of exemptions the most important being the exemption of documents that if released constitute an invasion of privacy [25] Other exemptions can be found at The Official Washington Public Records Act page from statutes 210-480.
Deliberative process
Another important exception to all Washington records requests is the deliberative process exemption found under section 42.56.280, which exempts predecisional material like opinions and recommendations.[26]
Major deliberative process cases in Washington
- ACLU v. City of Seattle, This case declared that deliberative process exemption was not limited to intra-agency documentation.
What agencies are covered?
The act applies to all state and local agencies. [27]
It is questionable whether the act applies to all records of the state legislature. The Washington State Supreme Court issued an unclear decision in Cowles Publishing Co. v. Murphy in 1981.[28]
In May 2009, the Washington State Sunshine Committee held a hearing on whether to abolish the state legislature's exemption.[29]
In October 2009, the Washington State Supreme Court affirmed in City of Federal Way v. Koenig its 1986 opinion in Nast v. Michels that courts do not fall under the definition of "agency" given in the PRA.[30]
Legislature
The Washington Public Records Act explicitly states that legislative public records include all, "legislative records as defined in RCW 40.14.100 and also means the following: All budget and financial records; personnel leave, travel, and payroll records; records of legislative sessions; reports submitted to the legislature; and any other record designated a public record by any official action of the senate or the house of representatives."[31] The Washington State Supreme Court issued an unclear decision in Cowles Publishing Co. v. Murphy in 1981 with regard to the remainder of the records.[32]
Privatized governmental agencies
The Washington law uses a 4 part test to determine if a private entity is subject to the public records act. No individual criteria of the test must be met but the parts should be considered as a whole. The test includes:
- Whether or not the agency is funded by a public body.
- Whether or not the agency was created by a public body.
- Whether or not the agency is controlled by a public body.
- Whether or not the agency performs a public function.[33]
Public universities
The definition of public body presumably includes public universities within the state. However, the law contains a number of exemptions, including:
- Testing and exams at RCW 42.56.250
- Research information at RCW 42.56.270
- Donated documents that request concealment at RCW 42.56.320
Who may request records?
Anyone may request records in the state of Washington.[36]
Must a purpose be stated?
Washington law does not require a statement of purpose and explicitly states that purpose cannot factor into the rejection of a claim unless provided for explicitly by statute. [37]
How can records be used?
There are no restrictions placed on the use of records.
Time allowed for response
- 5 days
Washington allows 5 days for records responses.[38]
Fees for records
Copy costs:
Washington allows to charging of fees for duplication not to exceed $.15 per page. [39]
Search fees:
The fees charged cannot include overhead costs which include the maintenance of equipment and the labor required to search and copy the records.[40]
Role of the Attorney General
Under § 42.56.530 of the Revised Code of Washington, "whenever a state agency concludes that a public record is exempt from disclosure and denies a person opportunity to inspect or copy a public record for that reason, the person may request the attorney general to review the matter. The attorney general shall provide the person with his or her written opinion on whether the record is exempt." [41] This, however, does not in any way constitute an attorney-client relationship.
Open meetings
The Washington Open Public Meetings Act states, "The legislature finds and declares that all public commissions, boards, councils, committees, subcommittees, departments, divisions, offices, and all other public agencies of this state and subdivisions thereof exist to aid in the conduct of the people's business. It is the intent of this chapter that their actions be taken openly and that their deliberations be conducted openly."[42]
Notable requests
2009
The Evergreen Freedom Foundation's request for a copy of documents pertaining to Gov. Gregoire's list of 87 ideas for how to solve the Washington state budget's woe was declined by the governor's office on the grounds of "executive privilege." The Evergreen Freedom Foundation denies that an "executive privilege" exemption exists in Washington's sunshine law and has requested reconsideration.[43],[44]
1997
- Main article: Yousoufian v. Office of Ron Sims
In 1997, prior to a vote in King County on a ballot initiative on whether the county should help fund what became Qwest Field/Seahawk Stadium, Armen Yousoufian requested documents from the county regarding feasibility studies it had performed and which it said supported building the Field. King County could have produced the records within five business days, but took four years. In 2009, the Washington State Supreme Court said that a fine against the county of $124,000 levied by a lower court isn't enough to punish the county for its foot-dragging, and ordered the lower court to beef up the fine.[45]
In its ruling, the court referred to King County's "grossly negligent noncompliance with the Public Records Act. Under the facts of this case we hold the trial court abused its discretion by imposing a penalty at the low end of the PRA penalty range."[46]
See also
- Washington FOIA procedures
- Washington transparency headlines
- Washington transparency advocates
- Washington transparency legislation
- Private agency, public dollars-Washington
- Washington Open Public Meetings Act
External links
- Revised Code of Washington public records act
- Revised Code of Washington open meetings act
- Open Government Guide to Washington
- Washington on WikiFOIA
- Washington Attorney General open records ombudsman
References
- ↑ Sunshine returns to D.C., clouds gather in Olympia, News Tribune, January 25, 2009
- ↑ Eliminating the public exemptions accountability committee
- ↑ Prisoner access to public records
- ↑ Bill seeks to halt records 'fishing', Seattle Post Intelligence, February 11, 2009
- ↑ Public records request provisions
- ↑ Increases maximum per page copying charge
- ↑ Defines per page cost for the purpose of copying costs under the public records act
- ↑ Use technology to provide public records cheaply, Seattle Times, February 9, 2009
- ↑ Creating a committee to study the feasibility of creating a board with public records act and open public meetings act responsibilities
- ↑ Regarding public disclosure of records relevant to a controversy to which an agency is a party.
- ↑ Removing the ability of agencies to enjoin the examination of a specific public record.
- ↑ Regarding local government self-insurance programs and public records.
- ↑ Regarding prisoner access to public records.
- ↑ Text of HB 1288
- ↑ Text of HB 1316
- ↑ Text of HB 1317
- ↑ HB 1471 History
- ↑ Text of HB 1471
- ↑ 2008 BGA-Alper Integrity Index
- ↑ States Failing FOI Responsiveness, National Freedom of Information Coalition, October 2007
- ↑ Freedom of Information in the USA, 2002
- ↑ Washington Code 42.56.030
- ↑ Washington Code 42.56.010
- ↑ Seattle Times, Wash. justices: Accident reports are public record, April 12, 2012
- ↑ Washington Code 42.56.050
- ↑ Washington Law 42.56.280
- ↑ Washington Statute 42.56.010
- ↑ Open Government Guide to Washington's law
- ↑ Seattle Times, "Will Legislature open its own records?", May 11, 2009
- ↑ News Tribune, "Public records law should cover judges", October 22, 2009
- ↑ Washington Statute 42.56.010
- ↑ Open Government Guide to Washington's law
- ↑ Private agency, public dollars-Washington
- ↑ RCW 42.56.270
- ↑ RCW 42.56.250
- ↑ Washington Code 42.56.080
- ↑ Washington Code 42.56.080
- ↑ Washington statute 42.56.520
- ↑ Washington Code 42.56.070
- ↑ Washington Code 42.56.070
- ↑ Revised Code of Washington § 42.56.530
- ↑ Revised Code of Washington 42.30.010
- ↑ Governor's budget office should release its secret stash of budget ideas, January 15, 2009
- ↑ Letter from Evergreen Freedom Foundation to Governor's office requesting copies of budget-saving ideas
- ↑ "Washington State Supreme Court Withdraws Yousoufian Opinion", January 15, 2009
- ↑ News Tribune, "Supreme Court says judge fined King County too little for giving citizen runaround on records request for Seahawk stadium", January 15, 2009
| |||||||||||
 |
State of Washington Olympia (capital) |
|---|---|
| Transparency |
Public Records Act | Transparency Checklist | Government corruption reports | Transparency Legislation | Open Records procedures | Transparency Advocates | Transparency blogs | State budget | Taxpayer-funded lobbying associations | |
| Divisions |
State |
List of Counties |
List of Cities |
List of Towns |
List of School Districts | |
| Government |
Washington State Constitution | Executive | House of Representatives | Senate | |
| Judiciary |
Washington Supreme Court | Superior Court | Court of Appeals | District Court | Municipal Court | Judicial nomination process | Judicial news | Judicial activist organizations | |
| Ballot Measures |
Ballot measures | Ballot measures listed by year | List of local ballot measures | Procedures for qualifying an initiative | Laws governing the initiative process | Signature requirements | Recall law | Ballow access law litigation | History of direct democracy | Campaign finance requirements | |
