Urge the attorney general to support the Public Records Act
WashCOG joins the call for changes to the state attorney general’s Model Rules for Public Disclosure
Dec. 13, 2024 — Today the Washington Coalition for Open Government filed comments urging the Washington State Attorney General to move forward with rulemaking to change the Attorney General’s Model Rules for Public Disclosure. The Model Rules act as a guide for state and local government agencies as to how to carry out their responsibilities under the Public Records Act.
WashCOG joins with 17 media organizations, led by The Seattle Times, asking Washington AG Bob Ferguson to address and correct some of the vague policies in the Model Rules that impede timely responses to requests filed under the Public Records Act.
Below is the text of our comments. We urge members of the public to check out the Attorney General’s web page on this rulemaking and file comments requesting that the rulemaking go forward in an effort to ensure prompt responses to requests for government information under the Public Records Act. Commenters can email agorulemaking@atg.wa.gov.
Dec. 12, 2024 — The Washington Coalition for Open Government fully supports the petition submitted by The Seattle Times and other news media requesting changes in the state Model Rules issued by the Attorney General’s Office outlining how to administer the Public Records Act.
WashCOG is an independent, nonpartisan, nonprofit organization that works through the courts, the Legislature and government agencies to defend and strengthen Washington’s open government laws. Our coalition includes citizen activists, government officials and representatives of business, media, law and public policy organizations.
Excessive delay in releasing public records is a critical obstacle to government transparency, which is a key to restoring lost public trust in institutions. Both journalists and ordinary citizens benefit from timely access to relevant public information. Currently, the way many agencies and other government bodies administer the Public Records Act works against meeting that goal. A key finding of WashCOG’s “Your Right to Know” report, released earlier this year, is that agencies and local governments often use delays and other bureaucratic hurdles to obstruct requesters. Under the PRA as currently administered, agencies completely control the estimate of a “reasonable” response time and are not held to their original estimate of how long it will take to process a records request.
WashCOG believes the specific proposals in the media’s rule-making petition are badly needed to make the PRA workable and to comply with the spirit of the groundbreaking law passed by voters.
In particular, the organization supports these proposed rule changes in the petition:
Agencies should first establish if a record is exempt from disclosure before sending out third-party notifications. Such notifications can cause dramatic delays. If the document is not exempt, the records should be released “promptly,” as the PRA requires. Although the statute permits notification of third parties, it does not permit delays for third-party notification.
Ensure that records created or received on a private device or account are made available to an agency’s public records officer as soon as practicable and collected in an organized fashion.
Allow requesters to pay copying fees electronically rather than only by mail.
Requiring records custodians, before providing an estimate of the time required to fulfill a request, to determine whether time is of the essence in responding, such as when the records are relevant to an upcoming hearing, public comment process, election or other time-sensitive proceedings; and to consider whether release is related to an urgent health or safety matter.
Providing guidance to agencies that encourages them to process simple requests ahead of large and/or complex requests. The goal should be to process simple requests in a single business day.
Consistent with that goal, agencies should be expected to treat provision of information to the public under the PRA as an essential function of government, and to maintain staffing levels sufficient to achieve that goal. The law’s requirement to provide the “fullest assistance” to requesters includes the duty to adequately staff this essential governmental function. Governments should fund transparency as a basic service. Information infrastructure should be regarded similarly to other infrastructure needs.
Require agencies that withhold or redact a record to explain at least briefly how exemptions apply to the information requested.
Prevent automatic closing of requests after 30 days if a requester fails to claim or review the records.
Require transmission of requested records and payments for records by the most efficient manner, with the default being electronic methods. End the practice of using the U.S. mail or other unnecessarily cumbersome and time-consuming methods to collect payments and provide the requested records.
Require records officers to diligently attempt to verify that a requester intends to abandon a request before closing the request.
The Attorney General’s leadership is necessary to reduce the delays journalists and other citizens are experiencing in obtaining public records so that agencies will more fully comply with the requirements of the statute passed by the people of Washington.
