We have a full newsletter at 1853 words with four public records stories, one of which supported by a TransitWorld public meeting and another supported by our pals at BC Freedom of Information and Privacy Association (FIPA), and a long “The Last Word”. Starting with the Public Records Act (PRA) Model Rules comment period concluding June 30, some points I feel need to be made about how time is arguably misused. As always, all thoughts mine and mine alone unless blockquoted or quoted.
Table of Contents
I hope I got your attention. Getting worried that it’s mostly the government bench is making noise about the second go-around of public comment on the Attorney General’s Office new Public Records Act Model Rules.
Now the Muincipal Research & Services Center (MRSC) have posted an unsigned blog on the matter. The MRSC blog arguably states that this version of the new model rules become an overall win for requestors. Here’s why - and each bullet point is the MRSC’s:
Adding the words “prompt” and “timely” throughout the rules.
Encouraging a “triaging” process to sort requests based on complexity so simpler requests might be completed in a more timely manner.
Addressing the options for agencies to meet the obligation to create an index of public records as required by RCW 42.56.070(3), including to issue a formal order when doing so would be “unduly burdensome.”
Requiring public employees and officials to move public records off of private devices and accounts within five business days or as soon as practicable.
Detailing the recommended (albeit not mandatory) process for submitting records requests to agencies.
Taking a requestor’s identified reason for why “time is of the essence” when attempting to make records available and working with the requestor to prioritize records when meeting that time frame is not practicable.
Limiting the provision of discretionary third-party notice under RCW 42.56.540 to persons named in the record or to whom the records pertain and only when there is a reasonable belief that records are arguably exempt from disclosure, without otherwise impacting when mandatory notice is required by law.
Detailing the requirements for communicating that a request is closed and/or completed in compliance with Cousins v. DOC (2024).
Replacing gendered language throughout.
Obviously, as with the case with the first round, we will see government lobbyists work to weaken and undo the above wins. That’s what they’re paid to do.
Ultimately, if you support these changes and/or want more, you need to let the Attorney General’s Office know…
3 Points About the Process to IP26-645
With all the congratulations for my Washington Coalition for Open Government Key Award, I feel I needed to reopen my tracker for 2026 that I was recognized for.
You see, there was this 25-hour debate on the state income tax - now going to be on the ballot as IP26-645, the anti-income tax referendum. As a consequence, at least four key bills were arguably now frozen and likely dead as a result… and yes, I also checked the Washington State Standard.
HB 2333 - the public servant safety bill legislators and prosecutors wanted
HB 1923 - the mosquito fleet bill to supplement Washington State ferries
HB 2235 - the anti-gun violence research bill (although that one died in the Senate while the House had the 25-hour filibuster)
HB 1759 - the Seahawks 12th Man bill
Author Photo of “B&W HDR of Washington State Capitol Dome Against Puffy Clouds”
My first point is this: Wouldn’t better clock management be to get the regular bills done than waste legislative time on a bill that was almost certain to be put on the ballot anyway? Or call a special session to get this complicated legislation passed?
My second point is these public records posted to X casting shade on the whole effort being likely to not survive judicial review…
My final point: There is also this matter of grassroots lobbying the PDC is actively looking into. Spot the two issues? Guess both out before scrolling down.
OK, the issues: #1 No sponsor and #2 Not reported to the PDC in the grassroots lobbying reports. Watch this space. I am led to believe the PDC is working towards a resolution or decision point this month on OPERATION ROARING WASHINGTONIAN.
Oh and one last thing… being I don’t want to jeopardize the chance to get a 2027 Washington State Legislative press pass, I may not be able to endorse/disendorse initiatives but I will give you one hint: I vote to veto the dishonest process.
Skagit Transit Board Addressing Transparency
Yes, my home public transit Skagit Transit had a board meeting last Wednesday. If you go to 32:21 of the link, you can catch the aforementioned discussion of hiring a public records officer. Thanks to some public comment earilier in the meeting by yours truly asking for some details, we learned what led to this decision:
2023 had 19 requests, 2024, 24 requests and 2025, 29 requests
2026 requests to date are 30.
Over $100,000 was spent on a vendor to help the past two years, and that’s before a likely $25,000 additional bill for redaction software.
Also quoting CEO Crystle Stidham to the Skagit Transit Board with a few edits for clarity in brackets knowing not every reader speaks computer:
“I want to make it clear to the board that it's not necessarily just the, um, the number of requests that we are receiving, but it's also the size of the request that's that's become problematic. In fact, our IT team is quite frustrated with the volume of the requests that we have received. So to kind of put it into context, we've received a number of requests that are between 500 gigs [gigabytes] and one terabyte [or basically 1,000 gigabytes]. A laptop holds 500 gigs that we have a number of requests that would fill up and not even fit on a on a laptop, we've added additional storage to try to store all of the requested data, and there's some of them that, quite frankly, we're not sure how we're going to fulfill at this point.”
. . .
“I'm not joking that there's one requester that really two, there's two requesters that are really driving a lot of this.”
The Public Records Officer position will be a hybrid position. That position will also be responsible for making electronic Skagit Transit paper records.
Author Drone Photo of Skagit Transit Bus Passing the Central Skagit Library Bus Stop
Ultimately, the Board approved the position. Although that’s a $69,000-$90,000 additional cost on a Skagit Transit facing fiscal constraints. I also predict some testimony about the above at the June 30 Attorney General’s Office Model Rules Hearing.
British Columbians Amp Up FOI Advocacy
Our allies at British Columbia Freedom of Information and Privacy Association (FIPA) days before their annual general meeting (AGM) have released several in-depth reports on Freedom of Information (FOI). One may be familiar with the group from past coverage of British Columbia FOI issues. The first report of FIPA’s is a bold submission to the Canadian national government to improve their FOI processes. The second, which will be focused here, is a new report titled Drawing Access Together.
Author HDR of “Sunset on the BC Legislative Assembly at Angle and in HDR”
Drawing Access Together was a several-year long project that drew upon not just FIPA staff and “using FOI to study FOI” but also, “the membership of the Association of Records Managers and Administrators (especially its Vancouver Island Chapter) and the Archives Association of British Columbia, along with those who attended their conferences, and public sector FOI workers across BC”.
The report calls for among other things:
Improved record-keeping systems
“A recordkeeping statute with a vision that serves the interests of government and the public” to help increase the value of recordkeeping
“Archivists and records managers need a seat at all tables concerning systems of record, including but not limited to procurement processes for systems for collaboration, meeting recording, instant messaging, enterprise resource management, lines of business, shared drives and enterprise content management, and notetaking.”
“Correctness, specifically, whether the right documents were rightly severed within the right time” should be “the new standard by which we judge an access regime.”
“The Office of the Information and Privacy Commissioner should explore the preparation and circulation of routine interpretation and practice bulletins”
Get the “consultative committee” promised in BC’s Freedom of Information and Privacy Act going as, “A standing, open government committee with the authority to advise the Minister of Citizens’ Services.”
Hopefully the consultative committee will stand up, and not end up like the Washington State Sunshine Committee whose recommendations have been dismissed regularily by the Washington State Legislature. Many of the other above concerns are vital to a strong freedom of information regime.
Finally, the BC FIPA will have their Annual General Meeting (AGM) on Thursday at 5 PM Pacific. Most of their AGM is on voting on officers and other internal affairs, but there will also be updates.
The Last Word Goes to Barack Obama
Considering last Friday was Juneteenth, I give former President Barack Obama the last word, from his remarks at his Presidential Center’s opening these words:
The shared values that make democracy possible. A belief in the intrinsic dignity and worth of all people, and that no one is above the law or beneath its protection. A belief in checks and balances in our government, and an accountability that comes with it, an independent judiciary and a robust free press. A belief that our military and law enforcement owe allegiance not to any president or political party, but to the people and our Constitution. A belief in the peaceful transfer of power after the people have spoken in fair and free elections, recognizing that in a large, complicated society like ours, no group or faction gets its way 100% of the time. And a belief that qualities of character - honesty, integrity, kindness, compassion, a sense of duty and honor - those things matter in our public dealings, just as they do in our private lives.
These are the values and traditions I believe in.
And they are not Republican or Democratic values. They're American values we can all share, regardless of party Values every president here today, as different as we are, has tried our best to uphold. Values that John McCain and Mitt Romney believed in no less than I did.
It is our greatest inheritance. The story of America at its best, because it reflects a basic faith in the decency of our fellow citizens and the possibility that, despite all of our differences, we can see each other and understand one another and make common cause together.
This is why we care about public meetings and public records laws, I hope.
Concluding at 1853 words as 1853 was when Washington became a territory.
Comment Time on PRA Model Rules Concludes June 30…