Procedural rules under Washington's Public Records Act: the case for agency discretion

Washington's Public Records Act (PRA) is a strongly worded mandate for broad disclosure of public records. Adopted in 1972, the PRA gives interested members of the public the opportunity to access documents reflecting the inner workings of state and municipal agencies. Historically, courts focu...

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Bibliographic Details
Published in:Washington law review 2010-08, Vol.85 (3), p.493
Main Author: Richard, William D
Format: Article
Language:English
Subjects:
Administrative discretion
Campaign contributions
Disclosure
Elections
Fines & penalties
Freedom of information
Government agencies
Judicial reviews
Laws, regulations and rules
Legislatures
Privacy
Public access
Public records
Referendums
State court decisions
State government
State laws
Voters
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Summary:Washington's Public Records Act (PRA) is a strongly worded mandate for broad disclosure of public records. Adopted in 1972, the PRA gives interested members of the public the opportunity to access documents reflecting the inner workings of state and municipal agencies. Historically, courts focused primarily on interpreting the PRA's disclosure and exemption provisions. Only recently have litigants asked courts to consider the reasonableness of agency procedural rules and policies adopted to protect agency functions. Faced with difficult facts and lacking clear guidance, state courts have taken different approaches to interpreting agency rules. As a result, some courts have imposed large awards against agencies, including attorney fees and daily statutory penalties. Taxpayers, in turn, ultimately pay these penalties through increased burdens on agency budgets. It is argued that, unlike the courts' approach to interpreting the substantive disclosure and exemption provisions of the PRA, courts should defer to an agency's own determination that its PRA procedures are reasonable.
ISSN:0043-0617