the official blog of the evergreen freedom foundation

EFF public records dispute resolved

Posted by Mike Reitz - February 11, 2009

The governor’s budget office, the Office of Financial Management, finally released the list of “87 ideas” for reforming government that we requested in December. Amber Gunn wrote about the situation here, and we discuss the dispute in the podcast below.

Quick recap: in November, Gov. Gregoire told the Seattle Times that OFM had given her a list of “87 ideas” for dealing with the budget shortfall. We asked for the list, and OFM told us the document was exempt from disclosure. EFF appealed the denial, and OFM quickly replied. While still asserting "executive privilege," OFM agreed to release the document “in the spirit of openness” after a pending government reform announcement.

The announcement came Monday, and true to their word, OFM faxed over the “87 ideas” document.

We’re glad we have the document, but we’re not pleased with the effort it required.

First, OFM continues to assert an exemption that does not exist in the Public Records Act. Second, we discovered on Monday that several business and labor leaders helped develop the reform package. The deliberative process exemption is intended to shield intra-agency deliberations when forming policy, but there is less justification for keeping conversations secret when outside groups are involved. Finally, EFF had the expertise and resources to challenge OFM’s denial, but how many citizens are turned away with no recourse?

We appreciate that OFM reversed its initial denial, but I fear the situation will repeat itself.
 
For more, listen to this joint Common Cents and Legally Speaking podcast.
 
 

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A lurker said on Feb 11 2009 at 10:42am
congrats


Reitz said on Feb 11 2009 at 8:01pm
Note an important correction on the podcast: I found a deal on a TV I couldn't pass up.