Seattle Times lauds court’s records ruling By Seattle Times Editorial Board THURSDAY’S [March 31] state Supreme Court ruling in a public-records case sends several strong messages to government agencies. The court upheld a $546,509 Superior Court judgment against the state Department of Labor and Industries finding that it repeatedly delayed the release of records related to lead exposure at Wade’s Eastside Gun Shop. This newspaper requested the records as part of an investigation that revealed thousands of gun owners, workers and their families were exposed to unsafe levels of lead at ranges that received lax scrutiny from health regulators. The series, “Loaded with lead,” demonstrated the importance of Washington’s strong Public Records Act. It enabled the public to learn about health risks and where government could improve. Penalties can encourage prompt release of records. They also discourage officials from manipulating disclosures for political reasons, such as withholding embarrassing records until after a vote. The law allows penalties up to $100 per record for each day they’re withheld. In this case, per-record penalties ranged from 1 cent to $5, the latter for records withheld even after a court ordered their release. Public agencies are created by the people to serve the people. Yet some continue to flout public-records law or seek to weaken it through courts and the
Legislature. Thursday’s 5-4 ruling reinforced the law. It further clarified an exemption for “open investigations,” which agencies cannot use as a blanket excuse to keep records secret. L&I failed to show disclosure jeopardized its investigation of Wade’s. The courts also found that L&I used this exemption to withhold records after its investigation was complete. The courts also took L&I to task for withholding records as a courtesy to companies involved. Companies were given a chance to obtain court orders blocking the release of sensitive information, but failed to do so before the state’s deadline. Still, L&I continued withholding records. These are public servants, not private servants. A minority on the court dissented, taking issue with per-page penalties imposed by a lower court, even though the law gives judges discretion here. A significant penalty was warranted because of L&I’s flagrant violations. The remaining questions are whether Gov. Jay Inslee will hold anyone accountable for this costly violation of state law and how the state will prevent this from happening again. Editorial board members are editorial page editor Kate Riley, Frank A. Blethen, Ryan Blethen, Brier Dudley, Mark Higgins, Jonathan Martin, Thanh Tan, William K. Blethen (emeritus) and Robert C. Blethen (emeritus).
Kathy Brooks of the Shelton-Mason County Journal took first place in the Color Pictorial category in Groups 3 & 4 in the 2015 Better Newspaper Contest for this sunset shot with riders in the distance.
Sea-Tac Council receives Key Award City posts plaque about open meetings
Members of the city council of SeaTac were presented a Key Award by the Washington Coalition for Open Government (WCOG) recently, in recognition of their prominently posting a plaque containing the preamble to the state Open Public Meetings Act in the council chamber at SeaTac City Hall. The large Plexiglas plaque, approximately five feet wide and two feet tall, was presented to the city on January 12 by a group of citizens supportive of government transparency. It quotes the following words, which also appear in the state Public Records
Act: “The people of this state do not yield their sovereignty to the agencies which 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 retain control over the instruments they have created.” The plaque is mounted on the front wall of the council chamber in full view of the audience and where council members can see it at every meeting. The award was presented by WCOG President Toby Nixon to SeaTac Mayor Rick Forschler and the other council members in a
brief ceremony during the presented by WCOG in council’s regular business recognition of a single meeting on February 23. good act in support of “The Coalition open government. Anyone believes those three aware of such acts may sentences to be the most nominate recipients for important words in the consideration by the entire Revised Code of WCOG board by submitWashington, and we ting the nomination form quote them often.” said found at http://washingNixon. “The SeaTac toncog.org/award-nomiCity Council could have nations. placed this gift in a storWashington Coalition age room or private office for Open Government is where nobody would see a statewide, non-partisan, it, but they gave it a place non-profit organization of honor in their chamber dedicated to advocating where they and everyone for the people’s right to who comes to council know what their governmeetings will be remind- ment is doing. Membered of the proper relation- ship is open to the public. ship between the people For more information, and their government. contact WCOG at 6351 This is a great example Seaview Avenue NW, Sefor other agencies around attle, WA 98107-2664, on the state, and they are to the web at www.washingbe commended for it.” toncog.org, or call (206) The Key Award is 782-0393. The Washington Newspaper April 2016 3