Washington government corruption
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WA Supreme Court rules court records only exempt when held by the courts
Yakima, WA' On Thursday, January 13, 2011 the Washington Supreme Court issued its ruling in the case of Yakima County v. Yakima Herald-Republic, establishing that court records held by governmental agencies do not fall under the same exemption as records held by Washington state courts. The case centered around over 2 million dollars in funds allocated for attorneys fees for the public defender of a murder trial in 2005. The Herald-Republic argued that the public had a right to the information, while Yakima County maintained that the documents were exempt as court records. The court sided with the Herald-Republic in its 9-0 decision.[1]
Washington Cuts Nearly $600 Million from Budget
Lawmakers in Washington State convened a one-day special session in Olympia on Saturday, December 11, where they approved nearly $600 million in budget cuts. SeattlePI.com noted that these cuts were “ relatively easy,” drawing support from all but 15 of 131 legislators. Though the cuts were substantial, the state will still have a deficit of roughly $500 million to deal with early next year.
Among the cuts approved by legislators: nearly $50 million from the Department of Corrections, including the closure of a prison facility; $50 million from K-12 education; $51 million from higher education; nearly $30 million from a state-subsidized health insurance program; and the elimination of non-emergency dental care for poor adults.[2]
Washington State Supreme Court blocks AG's release of corporate financial information
Olympia, WA Last week, the Washington Supreme Court unanimously ruled that Attorney General Rob McKenna could not release financial information relating to the investigation of Ameriquest Mortgage Co. because federal law only allowed the Attorney General to "disclose and use" the documents and information in the course of normal duties relating to an investigation. The case is being praised as an clarification of disclosure requirements when restrictions are placed on them by federal law.[3]
Washington State Supreme Court rules that metadata is a public record
Olympia, WA On October 7, the Washington State Supreme Court issued its ruling in the case of O'Neil v. City of Shoreline with a 5-4 decision ordering that computer generated metadata is in fact a public record. The case, following on the heals of a similar Arizona case (Arizona Supreme Court Rules Electronic Information Subject to Records Requests) is the second of its kind to address the status of information like time stamps, file edit dates and even the two and from components of emails that the media and transparency advocates argue are key for understanding electronic public records.[4]
Seattle's Green Festival bashed capitalism while pursuing it
The third annual Green Festival, which was held June 5 and 6 at the Washington Convention and Trade Center in Seattle, gathered individual citizens, "green" and radical groups and organizations, as well as radical politics and pundits. Former Weather Underground bombers and noted friends of President Barack Obama, Bill Ayers and Bernardine Dohrn, were featured speakers, explaining practical tips on how to lower electricity bills.
The cheapest general admission pass to get into the convention was $15, which gave attendees the choice of workshops on discovering tools and strategies to improve your home environment, 200 speakers, the Kids’ Zone or the exhibits.
The Festival featured 300 commercial and other exhibitors touting numerous product lines or services, including food, clothing, building materials, health and beauty aids, financial services and more.
Washington Policy Center releases report on legislative transparency issues
Olympia, WA This past week, the Washington Policy Center released a report highlighting the numerous transparency failures of the legislature. The legislatures long list of abuses include holding hearings without notice, holding hearings without bill texts, and not allowing adequate public interaction before voting on bills. This lack of transparency has led the Policy Center to call for constitutional amendments to regulate the legislature.[5]
Washington Task Force Suggests New Records Office
Olympia, WA On Tuesday November 2, the Washington state open records task force announced that it would endorse a new Office of Open Records, which when created by the legislature, would handle open records disputes and reduce the need for pursuing remedies through the judiciary. The Office would be modeled after open records offices in other states, including Pennsylvania and Connecticut. While their function was merely advisory, the committee hopes that the four legislators on the committee will endorse and sponsor a bill to create the office sometime in the near future.[6]
Washington think tank reveals school district transparency project
The new project aims to open school districts’ books and check registers and show them online.
In order for taxpayers to know how a school district spends its money by allowing individuals to look into the details of a district’s budget to understand where their tax dollars go and to whom.
In 2008, the EFF asked each school district, in a letter to the superintendent, in the state to link to their budgets and warrants on the websites' homepages. The Washington Public Records Act makes the information public, the EFF just asked school districts to make it readily available to parents and taxpayers. The EFF then drafted a follow-up letter to each district encouraging greater participation.[7]
As of October 2009, seven school districts have responded by posting their budgets and check registers online, making them the first members of the EFF School District Transparency Honor Roll.
The EFF is encouraging parents and other Washington state taxpayers to encourage the other 289 districts to follow their positive example. Some districts that have refused to post budgets or expenditures online, some districts are considering the request, and some districts have not responded.[8]
Washington Supremes say judicial records not public
OLYMPIA, Washington: On October 15, the Washington State Supreme Court released its decision in City of Federal Way v. Koenig.
In the 7-2 decision, the court holds that Washington's Public Disclosure Act does not apply to the state's judicial records. [9]
Secret camera records must be made public, judge rules
EVERETT, Washington: Snohomish County Superior Court judge David Kurtz ruled on Wednesday, September 16 that the Everett School District in Snohomish County is required under the Washington Public Records Act to provide a local teacher's union with the records it requested about how a secret camera was installed in a classroom.[10]
The union requested the records in May 2008 after it learned that the school district had made a decision to install a secret surveillance camera in the classroom of teacher Kay Powers, a Cascade High School teacher. The district believed that Powers was helping students publish an underground student newspaper using school equipment. They determined that she was, and ultimately suspended and fired her.
Kirkland city leader admits personal emailing on city account
After some of his e-mails were made public Sternoff apologized at a city council meeting.
"The use of my city e-mail as it was used in this case was inappropriate. I apologize for that and the embarrassment that my actions have caused myself and the ones I love," he said.
Evergreen Freedom Foundation uncovered thousands of pages of Sternoff's e-mail, paid for by the city.
Evergreen Freedom Foundation's Scott St. Clair made a Freedom of Information Act request for city council e-mails, which are public record.
Later, St. Clair said Sternoff called him to say some of his e-mails might be embarrassing.
"I had no clue what I would find until it actually showed up," said St. Clair. "The conversation goes on to talk about the Kirkland citizen, her work and her sexual preference."
These e-mails were sent while the city council was in session and, according to the time stamps, at times when city council meetings and study sessions were being held.
"The time spent creating them was time not spent conducting the public's business or paying attention," St. Clair said. "My interest isn't in him, per se. It's in watch-dogging for the public to find out what's happening on their time with their public resources."
After a 4-to-3 vote, the Kirkland City Council voted to hire a counsel to investigate the e-mails.[11]
Washington teachers fined for not working
Judge Darvas, a King County Superior Court Judge, ruled that the teachers striking in what a September 3 hearing declared to be an illegal strike must pay $200 per day not in their classrooms. The teachers' union, the Kent Education Association, is fined $1,500 per day. All of these fines began September 14 and will be retroactive to September 8.
The district's 1,700 teachers were on strike between August 28 and September 14. The district's 26,000 students at its 40 schools didn't begin school on August 31 as planned.
The Evergreen Freedom Foundation was the first to report the judge’s order in detail using the social networking tool, Twitter, from inside the courtroom.[11]
State lawmakers urge against pricey ballot measures
Oregon lawmakers have taken steps in pushing back the policies by suspending for two years sections of a voted-in law mandating longer sentences for repeat property offenders and drug dealers. The lawmakers passed a new set of restrictions keeping costly initiative measures at bay.
Washington lawmakers passed a law to save almost $1 billion by essentially ignoring some state education initiatives. One of these called for annual teacher raises.
Washington Democrats suspended a initiative that makes requirements for training for home-care aides who serve the elderly and disabled.
"One of the biggest concerns that lawmakers have is the financial straitjacket that initiatives can put on legislatures through big spending proposals or through spending and revenue caps," said Jennie Drage Bowser of the National Conference of State Legislatures.[11]
Kirkland found to be in violation of public records law
In preparing to file a public records request with the City of Kirkland, Evergreen Freedom Foundation journalist Scott St. Clair, himself a former resident of Kirkland, became suspicious when he read some of the questions on the city's public records access request form. The questions asked what was the requestor's interest in the public records, and what did the requestor plan to do with the information.
Qualifying the questions was language that purported to make answering them optional, but then went on to say that failure to answer them could change the way the city responded to the request.
Believing that it's none of the city's business why someone wants public records access or what they intend to do with the information (so long as it's not used for a commercial purpose), and upon advice of EFF's general counsel, St. Clair contacted the Washington State Attorney General's Public Records Ombudsman, Tim Ford, who confirmed his suspicions. Ford said he would write to the city directing it to bring its form into compliance with state law.[12]
Bellingham, WA withholding Amtrak records after death
Judge Charles Snyder, of the Whatcom County Superior Court, ordered that seven of the 80 withheld documents should be released to lawyer Steve Chance by Saturday, June 27, but that the rest were exempt from public disclosure because of attorney-client privilege or that they were attorney work product, The Bellingham Herald reported. Bellingham city officials have requested reconsideration of the release of those seven documents, asking also if lawyers could file explanations requests in private.
The records in questions were filed by Chance on behalf of the family of the woman struck by the train. The crossing at which she was struck was part of a 2001 negotiation that resulted in a pedestrian crossing with a train crossing warning sign. The agreement to put the pedestrian crossing at this spot called for bells and flashing lights at the crossing.[11]
City's new budget policy put on hold
"An accusation that members of the Yakima City Council broke the state's open meetings law has landed in court.
Catching City Hall by surprise, Yakima County Superior Court Commissioner Gayle Harthcock issued a temporary court order Friday blocking the city from implementing a controversial new budget policy until a hearing on May 15."
Judgment could cause Wash town's bankruptcy
"A judgment for violating the state open records law against the small Eastern Washington town of Mesa has officials there considering bankruptcy or disincorporation.
The Franklin County town, located about 25 miles north of Pasco, owes $246,000 in attorney fees and legal penalties for violations related to the case filed against the city by former Mayor Donna Zink and her husband, Jeff Zink."
Council approves ordinance to increase 'transparency'
"The Seattle City Council voted unanimously today to pass legislation that will require every city department to adopt 'culture of compliance' best practices for managing and responding to public records requests.
The legislation was developed by the council’s 'special committee on open government' and calls for the city to implement state auditor and attorney general recommendations for managing its public records process, and requires all departments to adopt model rules for complying with the Public Records Act that have been in place in the council’s legislative department for the last two years."
King Co. to pay blogger $225K for witholding docs
"King County has agreed to pay conservative blogger Stefan Sharkansky $225,000 to settle a public records lawsuit he brought over the county's delay in releasing documents about the 2004 governor's election.
Sharkansky filed his request in December 2004, seeking a list of everyone who voted in the county in the election that year, but the county didn't satisfy the request until more than two years later."
Suit Prompts Mason County to Examine Public Records Procedure
"Hefty legal fines stemming from public records request violations have Mason County officials reexamining how requests are fulfilled.
But those who sued believe recent efforts are not enough to assure access to information, in particular with requests done by e-mail.
Both sides see problems with the public records request act itself, and the county agrees that the e-mail issue is yet to be resolved."
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