Arthur West continues his efforts to provide Washington’s appellate courts with the opportunity to define the scope and breadth of the Public Records Act. Rather than keep all the fun for itself, the Supreme Court graciously shared the opportunity to decide Mr. West’s latest appeal with Division II, transferring Mr. West’s request for direct review to the lower court. Division II affirmed the trial court in an unpublished opinion, West v. Gregoire, No. 42779-6-II (Sep. 11, 2012).

Apparently interested in reviewing documents relating to the Washington State Association of Counties, Mr. West submitted a memo to the Governor with the title “RE: ATTENDANCE AT SECRET SHADOW GOVERNMENT EVEN, AKA (WSAC 2009 ANNUAL CONFERENCE).” (Emphasis in Original). The Governor’s office did not immediately recognize that the memo contained a request for public records, an error Mr. West pointed out two weeks after submitting the memo. The Governor’s office offered to provide an estimate of response time within two days, but Mr. West stated that he had a litigation deadline six days away. The Governor’s office emailed him 57 pages of responsive documents the next day, then provided an additional 299 pages of documents two weeks later.

Continue Reading PRA Inquiries into Washington State’s “Shadow Governments”

In 1959, the Washington legislature recognized the Washington Association of County Officials (WACO) as a statewide “coordinating agency” of county officials. In Washington State, many counties have independently elected assessors, auditors, clerks, coroners, sheriffs, treasurers and prosecuting attorneys. These positions are separate from the separately elected county commissioners or county councilmembers and executive. WACO is also distinct from the Washington State Association of Counties, Washington (WSAC), Public Ports Association and similar organizations. In 2008, a claim was brought against WACO claiming that it was subject to the Washington Open Public Meetings Act or “OPMA.” OPMA had been adopted in 1971 as part of a package of open government provisions, including campaign finance and public record disclosure.

Continue Reading Washington Association of County Officials Subject to Open Public Meetings Act