Chattanooga Times Free Press

Lawmakers OK legislativ­e records exemption

- BY RACHEL LA CORTE

OLYMPIA, Wash. — The Washington Legislatur­e overwhelmi­ngly approved legislatio­n meant to circumvent a recent court ruling that found state lawmakers were fully subject to the state’s public disclosure laws.

The measure passed the Senate on a 41-7 vote Friday, and then was quickly approved by the House 83-14. The bill heads to Gov. Jay Inslee with a veto-proof margin.

The quick action comes just two days after the bill was introduced. The measure would retroactiv­ely remove the legislativ­e branch from the state’s voter-approved Public Records Act so lawmakers would be able to shield records sought by a coalition of media groups, led by The Associated Press, who prevailed in court last month.

Only four lawmakers spoke during the brief debates in both chambers, all saying that the measure was meant to increase transparen­cy.

The bill, co-sponsored by Democratic Senate Majority Leader Sharon Nelson and Republican Senate Minority Leader Mark Schoesler, would allow release of some lawmaker correspond­ence, including those with lobbyists; informatio­n from lawmaker calendars; and final disciplina­ry reports beginning on July 1. However, because of the retroactiv­ity language, it would prohibit the release of the records being sought by the coalition of news organizati­ons that sued last September.

“This bill is a significan­t and major step forward for the people of Washington and this institutio­n as we step into the sunlight, requiring what I believe are the most important disclosure­s for the people of Washington to hold their elected representa­tives accountabl­e,” said Democratic Rep. Gerry Pollet.

The Legislatur­e is in the midst of appealing the Jan. 19 ruling of Thurston County Superior Court Judge Chris Lanese, who ruled state representa­tives and senators and their offices are fully subject to the same broad public disclosure requiremen­ts that cover other local and state elected officials and employees at state agencies.

Senate Republican Minority Leader Mark Schoesler said the recent court ruling was too broad and “completely unworkable.”

“Just as important as transparen­cy is the ability of lawmakers to effectivel­y work on behalf of those who sent us here,” he said.

Under the measure, exemptions from disclosure would include records of policy developmen­t, as well as any records that would “violate an individual’s right to privacy.” While final disciplina­ry reports against lawmakers would be subject to disclosure, emails or other documentat­ion of allegation­s of things like sexual harassment or misconduct that doesn’t result in an official report — which were among the records the news coalition was seeking — would not. Any person wanting to challenge a records denial would have to seek review by the Senate Facilities and Operations Committee or the House Executive Rules Committee, whose rulings would be final. Unlike denials under the state’s Public Records Act, no review by the courts would be allowed.

It’s unclear whether Gov. Jay Inslee — who has said he believes lawmakers should be subject to the same transparen­cy laws other government officials are — would veto the bill, especially since there was enough support in the Legislatur­e to override the veto.

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