41st District legislators disclose how they voted on public records bill

Senate Bill 6617 would have exempted legislators from the state’s Public Records Act.

It was the piece of legislation that rocked the Northwest.

Senate Bill 6617, a measure to immediately and retroactively exempt all legislators from the state’s Public Records Act, was rushed through the Senate and the House as an “emergency” measure with no public hearing. In just 48 hours, it passed the Senate 41-7 and the House 83-14.

While it did allow for the disclosure of communications with lobbyists and of legislators’ calendars, these records would only be available after July 1 of this year. All communications with constituents — going back to the time of statehood — would be off-limits.

The Senate bill — and especially the manner in which it was passed — drew an overwhelming amount of censure from media organizations and citizens across the state. Gov. Jay Inslee’s office had received nearly 12,000 emails and 5,600 phone calls from constituents in response to SB 6617 by March 1.

Letters signed by 16 senators, 41 Democratic representatives and the entire House Republican Caucus (which consists of 48 members) urged Inslee to veto the bill on March 1.

“We made a mistake by failing to go through a full public hearing process on this very important legislation,” the Senate’s letter said. “The hurried process has overshadowed the positive reforms in the bill.”

Inslee vetoed the bill that evening, stating in a press release, “Transparency is a cornerstone of a democratic government.”

The bill was created as a response to a Jan. 19 judgment by Thurston County Superior Court Judge Chris Lanese. The judgment came as an end to a lawsuit conducted by the Associated Press, the Northwest News Network, King 5, Kiro 7, the Allied Daily Newspapers of Washington, the Spokesman Review, the Washington Newspaper Publishers Association, Sound Publishing, the Tacoma News Tribune and the Seattle Times against the Legislature.

Legislators have argued that a 1995 amendment to the Public Records Act made all senators and representatives exempt from the act; however, Lanese’s order found this unlawful and declared that all individual legislators were subject to the Public Records Act.

“The plain meaning of the Public Records Act defines the offices of all state senators and representatives to be ‘agencies’ subject to the customary disclosure requirements of the Public Records Act,” Lanese stated in the order.

All of the 41st Distsrict legislators representing Mercer Island voted in support of the bill when it was passed on Feb. 23, including Reps. Judy Clibborn, Tana Senn and Sen. Lisa Wellman.

“I am from local government where all public records were open. SB 6617 was an unprecedented opening of legislative records,” Senn told the Reporter. “While it didn’t go far enough, it was the bill before us. Unfortunately, the lack of transparency put a cloud over the whole thing … We asked the governor to veto the bill, which he did, so we can have a robust, transparent process.”

“I initially supported the bill because I believe in the positive transparency reforms it would have enacted,” Wellman said in a statement. “However, I recognize the process through which the bill came to be was flawed and did not adequately provide for public input … I look forward to an open process where all stakeholders, including the public and the media, have the opportunity to share their concerns on this important piece of legislation.”