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Washington Public Records Act
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Washington Public Records Act
The Public Records Act (PRA) is a law of the U.S. state of Washington requiring public access to all records and materials from state and local agencies. It was originally passed as a ballot initiative by voters in 1972 and revised several times by the state legislature. The definition of public records, especially concerning the state legislature, was subject to several legal challenges in the decades since the law was passed.
In 2018, a county judge ruled that legislative records and communications were subject to public disclosure, after a lawsuit was filed by media outlets. In response, the state legislature appealed the ruling and introduced a bill that would exempt their records from the act. The bill was passed by the legislature but was vetoed by Governor Jay Inslee after public outcry; the lawsuit was subsequently ruled in favor of the media outlets and upheld by the Washington Supreme Court.
The act is listed in the Revised Code of Washington as Chapter 42, Section 56.
The Washington Coalition for Open Government (COG) was formed from several political groups in June 1971 to push for public disclosure legislation. The state legislature had debated laws on campaign disclosures repeatedly beginning in 1963 and passed an open meetings law in the 1971 session, but avoided addressing public records. The coalition drafted a "package" of "right-to-know" legislation in an initiative that was filed in March.
The initiative, labeled Initiative to the People 276, raised questions of constitutionality from State Attorney General Slade Gorton, but was allowed onto the November 7 ballot. Initiative 276 was passed by 72 percent of voters, but attracted immediate legal challenges. The initiative became law and took effect on January 1, 1973.
Prior to the initiative's passing, the state legislature passed a law in 1971 defining legislative records as "correspondence, amendments, reports, and minutes of meetings".
In 2015, the Washington Supreme Court ruled unanimously in a case against Pierce County Prosecutor Mark Lindquist that records created on personal devices are public records if they pertain to public business. The Court established a process for reviewing mixed records to identify and release public records. The California Supreme Court also cited the Lindquist ruling in a similar case.
In early 2017, journalists from The Seattle Times and Northwest News Network filed public records requests for the calendars of Democratic House Speaker Frank Chopp, Democratic Senate Majority Leader Sharon Nelson, Republican Senate Majority Leader Mark Schoesler, and Republican Minority Leader Dan Kristiansen, related to the ongoing debate on education funding in the wake of the McCleary decision. The Times reported that lawmakers who had once voluntarily released records, such as emails and calendars, declined during recent sessions over the education funding debate, citing an exemption in the 1971 public records definition. Other media outlets filed records requests for all 147 members of the state legislature during the 2017 sessions, but were rebuffed or redirected to lawyers. Other public records requests related to sexual harassment and misconduct allegations levied against state legislators were also denied.
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Washington Public Records Act
The Public Records Act (PRA) is a law of the U.S. state of Washington requiring public access to all records and materials from state and local agencies. It was originally passed as a ballot initiative by voters in 1972 and revised several times by the state legislature. The definition of public records, especially concerning the state legislature, was subject to several legal challenges in the decades since the law was passed.
In 2018, a county judge ruled that legislative records and communications were subject to public disclosure, after a lawsuit was filed by media outlets. In response, the state legislature appealed the ruling and introduced a bill that would exempt their records from the act. The bill was passed by the legislature but was vetoed by Governor Jay Inslee after public outcry; the lawsuit was subsequently ruled in favor of the media outlets and upheld by the Washington Supreme Court.
The act is listed in the Revised Code of Washington as Chapter 42, Section 56.
The Washington Coalition for Open Government (COG) was formed from several political groups in June 1971 to push for public disclosure legislation. The state legislature had debated laws on campaign disclosures repeatedly beginning in 1963 and passed an open meetings law in the 1971 session, but avoided addressing public records. The coalition drafted a "package" of "right-to-know" legislation in an initiative that was filed in March.
The initiative, labeled Initiative to the People 276, raised questions of constitutionality from State Attorney General Slade Gorton, but was allowed onto the November 7 ballot. Initiative 276 was passed by 72 percent of voters, but attracted immediate legal challenges. The initiative became law and took effect on January 1, 1973.
Prior to the initiative's passing, the state legislature passed a law in 1971 defining legislative records as "correspondence, amendments, reports, and minutes of meetings".
In 2015, the Washington Supreme Court ruled unanimously in a case against Pierce County Prosecutor Mark Lindquist that records created on personal devices are public records if they pertain to public business. The Court established a process for reviewing mixed records to identify and release public records. The California Supreme Court also cited the Lindquist ruling in a similar case.
In early 2017, journalists from The Seattle Times and Northwest News Network filed public records requests for the calendars of Democratic House Speaker Frank Chopp, Democratic Senate Majority Leader Sharon Nelson, Republican Senate Majority Leader Mark Schoesler, and Republican Minority Leader Dan Kristiansen, related to the ongoing debate on education funding in the wake of the McCleary decision. The Times reported that lawmakers who had once voluntarily released records, such as emails and calendars, declined during recent sessions over the education funding debate, citing an exemption in the 1971 public records definition. Other media outlets filed records requests for all 147 members of the state legislature during the 2017 sessions, but were rebuffed or redirected to lawyers. Other public records requests related to sexual harassment and misconduct allegations levied against state legislators were also denied.