Olympia’s Open Government Record for 14 Mar 2007
Not good, but getting better (and no aspersion on Olympia City Government).
Below are some quotes:
Sunshine Week Series: Don’t count ballots in the dark
As we celebrate Sunshine Week, we must include election transparency as an essential piece of open government. Our state and national election experiences of the past decade have only underscored the need for the light of accountability to shine on the election process. As usually happens, citizens and reporters have been at the forefront of the effort to bring ballot boxes out of the dark, primarily through the use of public records. Unfortunately, Washington legislators have introduced two bills reducing access to election records. Senate Bill 5566 and House Bill 1742 would prohibit access to birth dates in the state voter registration database and would prevent the copying of ballot signatures. If passed, these bills would make it nearly impossible for citizens to investigate illegal voting. . . . The stated purpose behind the bills is to protect privacy, but no one has shown any evidence of ballot signatures being used for identity theft. Even Attorney General Rob McKenna, a tireless advocate for consumer protection, recently told a gathering of newspaper editors that he knew of no occasion when these types of records were used for identity theft.
[Fairness note: HB 1742 was sponsored by some Republicans]
Buri presses for transparency in contract negotiations
During debate on bills that would allow Gov. Gregoire to enter into agreements with Washington tribes on a timber excise tax contract and a tribal fuel tax compact, House Republicans pushed for a “transparency amendment” to the measures that would bar the governor from taking financial contributions from any group with which she negotiates. The amendment to House Bills 2008 and 1426 was sponsored by Rep. David Buri, the Republican floor leader, who said the proposal would eliminate the perception of conflict of interest. “There could be an appearance of impropriety when the state’s chief executive negotiates a contract, compact or other agreement with a tribe, a union or other entity, and also accepts contributions from that group. This kind of financial relationship between a public official and contributors leaves the average citizen feeling uneasy and suspicious,” said Buri, R-Colfax. “The goal here is to make government more accountable to the people, and shine light on the negotiating process to ensure its integrity.” . . .
“No one on our side of the aisle is accusing the governor of misusing her office. What our amendment would do is help take away the appearance of what some would regard as a pay-to-play relationship between state government and the groups with which we’re negotiating contracts,” Buri said. “There’s no downside to showing the people of Washington they have a government that works for them, a government they can trust, a government that is not for sale to the highest bidder.” The Buri amendment failed on votes of 37-59 and 36-60.
Clements, Holmquist receive favorable ruling on taxes vs. fees question
Sens. Jim Clements, R-Selah, and Janéa Holmquist, R-Moses Lake, pointed out some problems with Senate Bill 5080, which would extend waste tire removal fees and the disposition of the fees. “When Senator Holmquist and I were in a Transportation Committee hearing earlier this session, we were the only ones who objected to a provision in the tire recycling bill,” Clements said. “We used to have a dollar-per-tire fee in Eastern Washington that went to state Ecology for tire recycling purposes. SB 5080 would have taken all the money away from Ecology while still under the guise of ‘tire recycling,’ and quietly changed the specific fee into a general tax.” Holmquist says she and Clements quickly noted the change and immediately brought it to the attention of the committee chair. “Senator Clements and I saw that the bill wasn’t fair or honest because it was no longer a user fee and no longer went to recycling,” Holmquist said. “It had become a tax, and we supported our floor leader in his formal inquiry of this being in violation of I-601.” Thanks to the two astute freshman senators from the 13th and 14th districts, Owen ruled the bill unconstitutional Tuesday, effectively saving the citizens of Washington from a new tax in disguise.. . .“Both Senator Holmquist and I believe that there should be clarity in taxation and clarity in fees,” Clements said. “But while the Democrats talk about transparency in government, some of their legislation is more like trying to see through a lead window.”
Open the shutters on labor negotiations
In a familiar refrain, the folks who want to shut us out tell us that it's for our own good, because we benefit from candid, if secret, negotiations. But in depositions urging the court to seal the records, negotiators sound more concerned about their own well-being.
For example: "If I knew that my comments would be available for public review, I would not be comfortable speaking until I had carefully thought through all of my comments."
Then there's this from a ferry worker: "If I, in the heat of negotiations, said I didn't give a damn about … complaining customers and it was (published), I would be subject to ridicule and confrontations with customers who might take offense." M
aybe. But possibly these folks who can't seem to keep their wits about them in the heat of negotiations, should give someone else their seats at the table. Besides, potential embarrassment doesn't justify an exemption from disclosure laws. If it did, we'd never again get to see a city council meeting or legislative hearing.
House Democrats have introduced legislation, HB 2326, to exempt collective bargaining records from public disclosure. Using Orwellian newspeak, they call it "an act relating to protecting the integrity of collective bargaining for public sector employees." What they mean is they want to keep the public, media and Legislature in the dark. There's no reason to keep this stuff secret. It should be available for public and legislative scrutiny. EFF didn't ask for the records until after negotiations were concluded.
Attorney General Rob McKenna, who has called for a review of the 300 plus existing exemptions from our public disclosure law, questions this one. While he accepts the need for confidentiality while negotiations are ongoing, his spokesman Janelle Guthrie told me Monday, "… if the bill prohibits disclosure of records after the proceedings, we will oppose it."
Bill to block access to union negotiator notes stalls
Rep. Brendan Williams’ proposal sprang from complaints by members of some state worker unions, who said allowing the public to access notes made by the state in the middle of intense negotiations would undermine their ability to bargain. But Williams, an Olympia Democrat, said he couldn’t find a way to both protect the union’s legitimate interest in privacy during bargaining and preserve the public’s right to know about deals involving millions of tax dollars. “I think it’s not going to happen,” he said of House Bill 2326. “I can’t seem to get there.”
Atta-boy, Mr. Representative. Atta-boy.


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