After being rebuked by the courts and the public this year, we hope legislators have learned a lesson: Transparent, open government is the bedrock of our representative democracy.
That should be the basic principle next year following recommendations from a task force that examined how the Legislature adheres to the state’s Public Records Act. When in doubt, lawmakers must error on the side of transparency. Since voters approved the Public Records Act in 1972, legislators have chipped away at the law, providing themselves with exemptions that are not available to city governments, county governments or the executive branch.
A media coalition led by The Associated Press sued to gain access to items such as lawmakers’ calendars and work-related emails. Earlier this year, a Thurston County Superior Court judge ruled against secrecy and in favor of the media; rather than follow the law, legislators tried to change it while eschewing typical legislative procedures. This led to a public outcry and a veto from Gov. Jay Inslee with the understanding that legislative leaders would convene a task force.
After the courts and public have weighed in, the message to state lawmakers should be clear: You aren’t that special. If local officials and the governor can adhere to the law, then representatives in the Legislative Building can, as well.
The need for transparency should be obvious. If an elected official is meeting with representatives of an oil company or exchanging emails with The Sierra Club while considering a carbon tax, the public has a right to know. It is essential that voters be aware who has the ear of their representative.
After four task force meetings over four months to devise recommendations for the Legislature, some progress has been made. But, overall, the meetings appear to have been a further attempt by lawmakers to protect their fiefdoms rather than offer a mea culpa. Instead of providing concrete recommendations, the task force approved squishy phrases such as “the Legislature should strive for greater transparency” and “there is a need to protect certain types of constituent information.”
Lawmakers long have expressed a desire to keep some information private, such as when a victim of domestic violence contacts them looking for assistance. While we agree with the need for privacy in that case, it is important to offer specifics rather than generalities. Given lawmakers’ aversion to transparency, it is not difficult to imagine “constituent information” being expanded to include communications with lobbyists.
While lawmakers have a duty to follow state law and strive for open government, the public also has a duty to ensure that representative democracy is responsive democracy. In other words, voters should pay attention to what their elected officials are doing. Last summer, state Rep. Matt Shea, R-Spokane Valley, referred to media members as “dirty, godless, hateful people.” Shea was a member of the task force and was kept there by Republican leadership despite calls for his removal. While Shea’s views do not seem to be shared by most officials in Olympia, they reflect all-too-frequent efforts by elected officials to discredit the truth and undermine transparency.
All of that speaks to the purpose of the task force and the need for the Legislature to change how it does businesses. In order to retain the confidence of the public and to strengthen our democracy, lawmakers must demonstrate that open government is a priority in Olympia.
