At least one lawmaker is taking great exception to the Washington State Supreme Court’s recent “executive privilege” decision. In fact, state Rep. Gerry Pollet is researching the idea of a “right-to-know amendment” to the Washington State Constitution, guaranteeing access to public records from the governor’s office.
The court’s decision grants the governor executive privilege to refuse to disclose material that Pollet maintains is the very principle of public information. Pollet calls the state high court’s executive-privilege decision “a potentially sweeping assault on the rights of citizens and the media to obtain the public records needed to make informed decisions and to conduct informed news-reporting.”
The lawmaker explained that “we must establish protection in our constitution for this fundamental right of the public and press to know what our state government is doing – and who is influencing our governor. The amendment is aimed at preventing this wrongful use of executive privilege as a way to avoid disclosure of records. I believe such an amendment is vital to protecting democracy here in our state of Washington.”
Pollet said the court’s decision — which, he noted, several justices called overly broad — exempts the governor’s office from many of the disclosure requirements in the state’s landmark Public Records Act of 2005. The lawmaker said the ruling would allow a governor to even claim that outside-lobbying communications are exempt from disclosure.
The amendment that Pollet’s considering reflects strong statements from some of the supreme-court justices concerning the decision. Several likened the decision to the so-called executive-privilege claim that was enormously contentious when former President Richard Nixon asserted it 40 years ago.
Significantly, Gov. Jay Inslee has publicly stated that he will not be asserting executive privilege to exempt his records from disclosure if they are not otherwise exempt under the Public Records Act. Pollet is asking the governor to work with the Legislature in drafting the proposed amendment to the state constitution.
Any amendment to the state constitution would require approval from Washington’s voters.