The Power of the PRA

Hello SMF’ers! As you know, we have been sharing some tips on our social media channels for Public Records Act requests, and we want to continue sharing the power of the PRA. In this age of government overreach, PRA requests are a tremendous tool in the public’s toolbelt to hold the government accountable to transparent operations. Here are some tips on how YOU can hold your government accountable through the PRA.

Historical Background of Washington’s Public Records Act

The Washington Public Records Act (PRA) was enacted in 1972 as a ballot initiative, meaning, it came through, by, and of The People. The Initiative was drafted to protect the People’s “right-to-know,” protecting OUR right to know what the government is doing. Despite push-back from State Attorney General Slade Gorton on the “constitutionality” of the initiative, it was placed on the ballot and was passed by 72% of voters. Over the past 50 years, the PRA has been modified several times by the legislature – sometimes in the art of transparency; other times, not.

*** Pro tip: Watch for legislation surrounding the PRA every legislative session to protect YOUR right to know. You can view any pre-filed bills for Washington state by clicking HERE. (currently there are no pre-filed bills).

In 2018, Associated Press challenged the legislature’s self-protections from the PRA, which is claimed under the concept of “legislative privilege.” At the trial court (county superior court), the judge determined that that legislative records and communications were subject to public disclosure. After an appeal BY THE LEGISLATURE (to “protect” their records), the case ended up at the Supreme Court, who affirmed (agreed with the superior court), as follows:

We hold that under the plain meaning of the PRA, individual legislators are ‘agencies’ subject in full to the PRA’s general public records disclosure mandate because they are expressly included in the definitional chain of ‘agency’ in a closely related statute. We further hold that the institutional legislative bodies are not ‘agencies’ because they are not included in that definitional chain, but they are instead subject to the PRA's narrower public records disclosure mandate by and through each chambers’ respective administrative officer.

In plain language, the Supreme Court held that while legislative bodies (the House and Senate chambers as a whole), were not “agencies” subject to the PRA, individual legislators are “agencies,” and their communications are subject to the PRA, and are NOT protected from disclosure. In response, the Legislature introduced AND passed a bill in an attempted to exempt their records from the Public Records Act provisions. However, Governor Jay Inslee, vetoed the bill after public outcry applied pressure.

What is the Purpose of the Public Records Act?

According to the Municipal Research and Services Center (MRSC -- an organization that helps local governments across Washington by providing legal and policy guidance), “the PRA guarantees that citizens of Washington have access to government records, including writings, emails, videos, and other recordings. The law applies to records created by state employees or representatives as part of their official duties.”

Writings you request may include:

• Traditional written records

• Photos

• Maps

• Videos

• Voicemails

• Webpage and social media content

• Emails

• Text messages

• Tweets

While statutory exemptions are supposed to be narrowly based, the PRA has over 500 exemptions, with more being added every year (showing the importance that EVERY eye is on the legislature each year). The laws that govern our PRA are dictated by RCW 42:56; it’s worth taking the time to become familiar with the law.

Tips for a Successful PRA Request:

1. Know Your Agency. Review the agency’s website, the laws (RCWs) that created the agency, and the Code (WACs) that the agency has adopted to understand the agency’s obligations to ensure you are submitting to the correct agency. The website will contain information about how to submit a PRA request. Most agencies have an email address and/or a submission form on their website.

2. Know Washington Law. Washington state law requires agencies to respond within 5 business days of your PRA submission. Their response may be:

• Providing the requested records for inspection or copying

• Providing a link to the requested records on the agency's website

• Acknowledging receipt of the request and providing an estimate of how long it will take to respond (this is frequently used by the agencies)

• Denying the request in writing, with reasons for the denial

3. Make a Specific, Focused Request. Make sure that your request is specific including date ranges, the topic or issue you would like information on, and what types of files you are looking for. You should give as much information as possible to ensure that the information provided by the agency is manageable and useful. You are not limited in the number of your requests, so you can submit additional PRA requests to expand your search.

4. Track your Request Timeline and Follow-Up. Keep copies of your request with submission dates so you can track the agency’s timeliness. If you have not received a response within the timeline, follow up noting that the agency has exceeded the PRA response timeline. For example, if you submit a request by email, forward the original email to the agency and include a reminder of the 5-day timeline if it’s been exceeded.

5. Avoid Costs by Going Electronic. An agency may not request fees for employee time related to searching, reviewing, or deletion of records but they can request payment of fees covering the direct costs of duplication (copies). To avoid such copy costs, request that responsive items be sent to you electronically.

6. Make Changes as Needed but Keep the Pressure On. The agency may respond that there are thousands or even millions of documents that match your request. In such a case, you may want to modify the date range you’ve requested and decrease the timeline. You may also narrow your search based on the type of documents requested. If the agency responds that no records match your request, you may want to provide clarification on your request.

7. Become an Investigator. When you are reviewing the documents and communications you received from the agency, locate names and organizations mentioned. These are great places to start to direct further PRA requests or to do internet searches. Follow the trail of names and money!

8. Exemptions are Limited. The PRA requires that exemptions be narrow and limited. Agencies are required to provide all portions of exempt records that may not be covered under exemption provisions, as well as any records that you’ve requested that don’t fall within an exemption. If you receive a denial of your request, make sure to ask the agency to review the responsive documents to determine whether any records that are exempt have portions that are non-exempt that can be produced. You are entitled to them.

Public Records Act requests are a powerful tool for keeping our government agencies accountable to the People. Silent Majority Foundation utilizes PRA and FOIA requests frequently, and we will continue to do so in an effort to ensure government transparency. We encourage you to do the same to keep your government accountable to YOU.