Adding more bite to state's commitment to open records

Do you have the right to know what state agencies and local governments are doing with your tax money? Or should government be able to operate without the public knowing too much?

To me, the choice is simple.

The public's access to public records — budgets, reports, correspondence or e-mails, for example — is the key to open and accountable government. Ensuring and protecting that access is one of my top priorities as attorney general, which is why the first proposal I have made to the Legislature would strengthen the ability of citizens to obtain public records.

First, some background to put this issue in perspective.

Washington has one of the best public-records laws in the nation, because Washington voters had the foresight to put it in place. Just over 30 years ago, an initiative was approved with broad support from voters of all political stripes.

Simply put, this law allows any person to request public records from a state agency or local government and receive them promptly.

Some public records are not required to be disclosed, such as sensitive law-enforcement information and information protected by personal-privacy rights. These exemptions from disclosure are few in number and very specific. Only a serious potential problem warrants creating an exemption from disclosure.

The law is weighted in favor of disclosing public records and requires a court to decide a close call in favor of the public's right to know.

In essence, the public-records law provides "when in doubt, give it out."

Citizens who request public records from agencies, however, still face several obstacles, so I am proposing that the public-disclosure act be strengthened to assist requestors in a number a ways, including:

• Prohibiting a state or local agency from simply declaring a request to be "overbroad" and then ignoring it, as some currently do. Agencies would be required to work with requestors to help them identify the records they are seeking.

• Subjecting unusually high copying charges to audits. The law allows an agency to pass along the actual copying costs to a requestor, but not more, since excessive copying charges could be a way for agencies to prevent citizens from seeing public records. The bill would also authorize the state auditor to audit higher than normal copying costs to make sure they are the agency's actual costs.

• Requiring agencies to designate a public-records officer to assist the public with requests. No additional employees would need to be hired. Agencies could simply designate a current employee to help the public.

• Requiring the Attorney General's Office to put together model best practices for state agencies and local governments on how to promptly provide public records.

• Increasing the deterrent against agencies violating the law by increasing the penalty they must pay from the current minimum of $5 per day to $50 (with a maximum of $500 per day).

I believe in practical problem-solving. Therefore, my proposal is balanced to also address problems facing agencies and local governments that may have legitimate concerns about unreasonable and even abusive requests.

For example, attorneys for agencies need the ability to provide candid legal advice to their clients.

My bill would exempt attorney-client legal advice from disclosure — but with strict limits to prevent illegitimate attempts to shield public records by wrongly claiming they are attorney-client communications.

Another example of this bill's balance is that it is supported by legislators from both political parties and all across the state.

The legislation, House Bill 1758 and its Senate companion, Senate Bill 5735, is sponsored by the Democratic and Republican leadership of both the House and Senate — a true rarity and a testament to the high priority lawmakers also place on the importance of open and accountable government.

I am committed to creating a "culture of compliance," where citizens can expect a prompt reply to a public-records request, or a clear explanation as to why it cannot be fulfilled.

And the Office of the Attorney General is going to lead the way in compliance with the law and by assisting other agencies to do the same.

Rob McKenna is the attorney general of Washington. For information on the public-disclosure bills, go to the Office of the Attorney General's Web site at www.atg.wa.gov/billcomparison.shtml.