Thread by @MelissaSantos1

I am at the last meeting of the Legislature’s Public Records Task Force, which was formed after lawmakers rushed through a bill to exempt themselves from WA’s Public Records Act. #waleg #opengov

Here is some background from @OlympiaJoe on how unpopular lawmakers’ vote was to exempt themselves from the Public Records Act. So unpopular that legislators begged @GovInslee to veto the bill, which he did. seattletimes.com/seattle-news/p… #waleg #opengov

Here are some of the draft recommendations being considered by the task force. Whatever is approved will be forwarded to the Legislature, which can decide what to do from there #waleg #opengov

Lawmakers already have said at this meeting — we are 10 minutes in —that they don’t have consensus that they should follow the Public Records Act. The one city councils and state agencies follow every day. So that’s cool #waleg #opengov

Co-chair state Rep. Larry Springer, D-Kirkland: “I don’t think there’s any consensus up here about whether we consider ourselves subject to that” (the Public Records Act). A trial court judge said in January that lawmakers have to follow the law, but #waleg is appealing. #opengov

The other co-chair of this task force, state Sen. Curtis King, R-Yakima, suggests that if lawmakers were going to just agree to follow the law, they wouldn’t have created this task force at all. “We wouldn’t be here if we felt like we were all subject to it.” #waleg #opengov

King also says ppl never get everything they want in a negotiation, and perhaps media and public can be satisfied w/ just being a *little* happier than they are now. Remember media + public just want legislators to follow same transparency rules as everyone else #waleg #opengov

Here are some thoughts from us at @SeaTimesOpinion from after this public-records task force’s first meeting months ago. In short, it didn’t seem like lawmakers understood how the Public Records Act actually works seattletimes.com/opinion/editor… #waleg #opengov

Meeting number 2 of this public-records task force showed that lawmakers on the task force are clinging to the idea that they were super special, delicate creatures who can’t possibly follow the same law as other government officials. seattletimes.com/opinion/editor… #waleg #opengov

At the third meeting of this task force, legislators heard from local government officials who told them hey, if we can follow this government transparency law, so can you. And you *should* be doing it. #waleg #opengov seattletimes.com/opinion/editor…

We are going over the potential recommendations. State Sen. Kevin Van De Wege, D-Sequim, says lawmakers “really have a lot of angst” about having to disclose emails. #waleg #opengov

Task force members debating recommendation that would say, “there is a need to protect certain types of constituent information.” @raystypos has concerns it is too broad and would rather say such info should be protected “within the existing exemptions of the PRA” #waleg #opengov

Van De Wege counters that limiting exemptions to what is already in Public Records Act feels like it is “kind of going backwards.” Diana Kramer, also representing media, says totally starting over from scratch on exemptions would be concerning #waleg #opengov

We are moving on from that debate. Sen. King says he is uncomfortable with the idea of having to release records of how agreements in the Legislature are reached, even after legislation is passed and signed into law. #waleg #opengov

While the existing Public Records Act has protections for the deliberative process, King is questioning whether those would be adequate for the work of state lawmakers. The law already protects preliminary recommendations + draft proposals when talks are underway #waleg #opengov

State Sen. Randi Becker says that if state is not careful in addressing protecting lawmakers’ internal debates/deliberative process, “we will have people never run for office” out of fear of so many things becoming public #waleg #opengov

I will point out that state lawmakers don’t have to put all their innermost thoughts on a public email server if they are worried about those thoughts being public. I believe they all have cell phones (and tons of secret meetings) and know how to use them #waleg #opengov

Local government officials that follow the Public Records Act often use the phone for one-on-one sensitive conversations. I have faith state lawmakers can also operate such highly technical equipment. #waleg #opengov

Ray Rivera on behalf of the media wants to clarify that whatever process is adopted for releasing records, the decision is subject to judicial review. Lawmakers are acting like this is too specific for the task force to decide right now. #waleg #opengov

Remember that other agencies that deny public records can be taken to court and penalized if they wrongly withhold records. Legislators wouldn’t have allowed that with bill they passed earlier this year, and they won’t agree to do so now. #waleg #opengov

Rep Springer says judicial review of public-records denials — ie how the law works now — “is a topic worthy of a standalone debate,” but “I am not sure this is the spot or the time.” But, this task force is specifically to discuss handling of legislative records. #waleg #opengov

https://twitter.com/melissasantos1/status/1071125187607748608?s=21

Now talking about proposed recommendation, “it should be possible to get an independent advisory opinion as to whether a record is disclosable.” GOP Sen. Randi Becker and Democratic Rep Joan McBride objecting to requiring that an advisory opinion be “independent” #waleg #opengov

Other people seem to think the word “independent” has value so hey! Progress

https://twitter.com/washingtoncog/status/1071128299466719232?s=21

#waleg #opengov

The task force agrees that existing whistleblower protections should be extended to state employees reporting their agency’s problems to state lawmakers. An exemption exists for that already but it isn’t totally clear it applies to reports to lawmakers #waleg #opengov

We are back to the thorny issue of what to say about protecting constituent information. Multiple types of language being considered here #waleg #opengov

Rep. Springer sighs as options are reduced down to two very similar statements, and says, “in all honestly, I don’t think it matters.” We’re creeping up on lunchtime folks #waleg #opengov

Here is what was decided on recommendation dealing with protecting constituents’ info when they email lawmakers. The top one in yellow #waleg #opengov

We are moving on to discussing deliberative process exemption for withholding records. Diana Kramer, on behalf of media, said after decisions are made the public deserves transparency. Sen. King says, “Transparency, when it’s over, is what we have decided on.” #waleg #opengov

King has been consistent in saying legislative products/bills/votes are self-explanatory and the public doesn’t need info about how those decisions came about. Even after negotiations are done #waleg #opengov

Rep. Joan McBride is flabbergasted anyone wouldn’t want to “protect the deliberative process.” “That’s what we do. We deliberate. That’s what you want us to do.” @raystypos says task force is deliberating right now, publicly, on TV. So deliberations *can* occur publicly #waleg

Sen. Curtis King sounds like he doesn’t want to be criticized for concessions he makes during negotiations. Well. Um. You did run for office, sir. #waleg #opengov

Task force members just aren’t going to be able to agree on this language talking about deliberative process. Here were the two options being debated. #waleg #opengov

Task force is adjourned.