STANDING UP FOR OPEN GOVERNMENT

2014 SESSION: ATTORNEY GENERAL REQUEST LEGISLATION Office of the Attorney General BOB FERGUSON OPEN GOVERNMENT 1125 Washington St. SE PO Box 40100 Olympia, WA 98504 TRAININGS 360-753-6200 www.atg.wa.gov

OBJECTIVE OFFICE CONTACTS: Require open government training for public officials to improve Mike Webb government transparency and reduce lawsuits. Policy & Legislative Analyst

[email protected] Nancy206-464-7744 Krier PROBLEM Open Government Ombudsman

[email protected] Open government is vital to a free and informed society, and Washington State 360-586-7842 has strong transparency laws. Currently, there is no formal requirement for training in the Public Records Act or the Open Public Meetings Act for public SUPPORT officials. Many agencies and entities already provide training, but more ORGANIZATIONS consistent training is needed. • Association of Washington Cities • The Olympian In 2012, the State Auditor found over 250 “open government-related issues” • The Spokesman-Review among local governments. While many of these issues were relatively minor, • Allied Daily Newspapers • Newspaper Publishers’ others were more significant, such as: Association • The Secretary of State’s Office • Providing inadequate notice for special meetings and executive sessions; • The Washington Coalition for • Failing to consistently record minutes; and Open Government and • The Office of the Attorney • Reaching informal agreement on an official matter via email, rather than HOUSE General in an open meeting. (D-46)

Failing to comply with state open government laws can result in costly lawsuits Sam Hunt (D-22) (R-5) and a loss of public trust. For example, on June 27, 2013, one local jurisdiction (D-11) was fined more than $500,000 for failing to comply with the Public Records Act. (R-6) Jim Moeller (D-49) LEGISLATION (R-10) (D-36) (SB 5964 / HB 2121) (D-34) This legislation: (D-21) Dean Takko (D-19) (D-45) (D-23) (D-25) • Requires state and local elected and appointed officials subject to the Chris Reykdal (D-22) (D-27) Public Records Act to complete training on the Public Records Act, (D-1) Open Public Meetings Act, and records management laws; and (D-32) (R-9) • Requires state and local public records officers and records management (D-46) officers to complete training on the Public Records Act and records (D-3) SENATERoger Freeman (D-30) management laws. Joe Fain (R-47)

Training must be completed within specified periods and be renewed every (R-18) four years. The legislation also provides that the Attorney General’s Office may John Braun (R-20) (D-23) provide information, technical assistance, and training on the Public Records (D-11) Steve Conway D-29) Act, mirroring1 the discretionary authority that exists in the Open Public 1. RCW 42.30.210 Meetings Act. updated: 3-4-14