WashCOG fights misuse of “legislative privilege”

A leading Coalition priority for this year’s state legislative session and beyond is the clarification of the legal meaning of “legislative privilege,” and obtaining pledges from legislators to not invoke it as a means to withhold public information.

Washington’s history of transparency is threatened

Instead of dealing with the multiple crises facing our state, Washington lawmakers are working hard to keep the public from knowing what they are doing.

For decades, our state has led the nation in government transparency. In 1972, over a million Washingtonians voted for a ballot initiative establishing landmark public disclosure laws.

Then, in 2018, state lawmakers passed a bill to exempt themselves from transparency laws. Thousands of us spoke out, and Gov. Jay Inslee vetoed the bill.

Now, state lawmakers are rolling back the clock yet again. They are invoking a loophole they call “legislative privilege” to shut out reporters, block public records requests, and keep their dealings in the dark.

We deserve to know if our lawmakers are coordinating with corporate lobbyists, introducing “model bills” written by partisan organizations, or being disciplined for misconduct in office.

What is “legislative privilege”?

This “legislative privilege” loophole isn’t in the state Constitution or any of our state laws. It is simply the latest in a years-long effort to hide records from the public so self-serving politicians can avoid accountability.

So, our team at the Washington Coalition for Open Government sued the legislature — but a Thurston County Superior Court Judge ruled against us.

We are currently working on the next step in the legal battle. But one thing is clear: These lawmakers who crave secrecy undermine transparency, accountability and our trust.

As the Tri-City Herald editorial board put it: “Lawmakers choose secrecy because they don’t want the public to know… If the public can’t find out, there’s no chance voters will get upset and vote for someone else.”

We’re asking legislators to take a pledge for transparency

WashCOG has sent a request to all Washington state legislators:

The Washington Coalition for Open Government is asking you and other lawmakers to pledge not to invoke “legislative privilege” in responding to Public Records Act requests.

Signing our pledge will assure your constituents that Washington state government is operating openly, with the consent of the governed. WashCOG will post online which legislators have taken this pledge.

Please sign below to pledge as follows:

“In the interest of public transparency and open government, I instruct the records officer not to invoke a legislative privilege on my behalf when responding to public records requests.”

WashCOG will post here the names of legislators who take this pledge.