Sunshine Week highlights public access
Herald Staff Writer | Hagadone News Network | UPDATED 12 years, 3 months AGO
MOSES LAKE - It's one of those things that people don't really think about, because it's so much a part of American life, but the fact is the country runs on information. It might be big news from Washington or Olympia, or a Facebook gossip session. What matters is that the exchange of information keeps the wheels running.
So the free flow of information really does matter. Keeping the information flowing is especially important when the subject is government, which does what it does with money taxed from the people.
"We always need sunshine," said Bill Will, president of the Washington Newspaper Publishers Association (WNPA). "Secrecy breeds corruption," he said.
All very well, but - government is a little inaccessible, a little detached from people these days. "That's exactly the point. People shouldn't view it as detached," Will said.
"The government works for the people, not vice-versa," Will said. The government, whether it's federal, state or local, is acting in the name of the people and with their money, he said. As a result Americans should have all the information they need to participate in decision-making processes.
"I always tell people, you need to treat the government as your servant, because that's exactly how it is," Will said.
That's the motivation behind Sunshine Week.
The idea came, ultimately, from the Florida State Legislature, which tried to pass exemptions to the state's disclosure laws in 2002.
The Florida Society of Newspaper Editors pushed back, running stories in their Sunday editions. The effort was defeated.
Sunshine Sunday came to the attention of newspapers, radio and television stations and websites all over the country. The cause was taken up by the American Society of Newspaper Editors in 2005, who established a nationwide observance.
In Washington, what does the public have the right to know about the operation of government, if it wants to take the time to find out? A lot, as it turns out.
The state law is RCW 42.17.250 through .341, and is available online. For people who don't want to wade through all the legal verbiage, the Seattle Times provides a guide available through the WNPA website, at www.wnpa.com/.
Boiled down, state law requires all government agencies, from the governor down to the library district, to make most records of their proceedings and communications available to the public. There are some exemptions, like purchasing property or union negotiations, but most communications are supposed to be available, no matter what form is used.
State law is unclear whether the disclosure rules apply to the Legislature or the courts.
Disclosure laws are subject to some exceptions. Lists of PUD customers are exempt, and so are personal addresses and phone numbers of public employees. So are archeological sites, lists of people using public libraries and records from domestic violence shelters. So are adoption and welfare records and fireworks permits.
If a public agency denies a request, they must clearly explain why, in writing, and how and why the statutes apply. Any part of the public record that can be released must be released.
When it comes to meetings, most business must be conducted in public. There are exceptions for property purchases, union negotiations and discussions include personal information of people involved.
Even if a subject can be discussed in executive session, any legislative action must happen in open session.
The rules apply wherever members of a governing body are talking about an issue, whether it's in a meeting or via email. Members of the city council can find themselves at the same ball game and it's OK (as long as they don't discuss city business), but they can't get together at the coffee shop with the intention of discussing city issues. Well - they can, but that's a public meeting and it must be open to the public, with a record of what's discussed.
But Will said there's always a tug of war between public agencies and public access. The sunshine law was passed with eight exemptions, he said. Now there are about 400. A bill currently in the legislature would allow public agencies to seek injunctions against requests, if a judge decides the request too burdensome.
There's an exemption in the bill for newspapers, Will said, but WNPA has come out against it anyway, because it would limit access for the public.
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