Candidates should be open about views on open government

This editorial appears in the Yakima Herald-Republic on Aug. 30, 2009.

"The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created."

-- Washington Open Meetings Act

With the general election a little more than two months away, we encourage the public to find out how candidates stand on conducting government openly and responsively. Elected officials should conduct the public's business in public, and public agencies exist to serve the public. But too often those we elect and those we employ with public funds think they exist to serve themselves.

In its annual survey of candidates for public office, sent before the Aug. 18 primary election, the Washington Coalition for Open Government asked questions on six government reform issues. The return rate was 10 percent, but the coalition is still accepting surveys. Of the approximately 260 surveys returned, seven were from candidates in Yakima County.

The issues targeted by the coalition, most of which are addressed by proposed legislation, are:

* Requiring audio recordings of executive sessions, which are closed to the public, so they can be reviewed by a judge in the event the meeting's legality is challenged.

* Limiting the open-meetings exemption for attorney-client privilege to communication that involves active lawsuits only. A state Supreme Court ruling expanded the exemption to include "virtually all communication between government agencies and their attorneys ... including routine communication not related to any actual or threatened lawsuit," according to the coalition.

* Creating an open government ombudsman position that is independent of any state agency. The Attorney General's office employs an ombudsman to help the public, but there's an inherent conflict because the AG's office represents state agencies.

* Creating open government training for government employees and elected officials.

* Improving preservation of and access to electronic records.

* Stopping government agency abuse of third-party injunctions.

Each item on the list addresses important issues, statewide and locally. At a Coalition for Open Government forum in Yakima this summer, for example, Republican state Rep. Norm Johnson noted that he had attempted to have Yakima City Council meetings recorded while he was on the council. His concern: If the City Council is sued over an allegation that it violated the Open Meetings Act, an audio recording could prove otherwise. Also, recording a closed meeting can deter officials from discussing matters that should be discussed in an open meeting.

The Attorney General's Office, however, recommended against recording closed sessions because there's no state law requiring the practice. Recording the sessions without such a law could create other legal issues.

While the news media frequently call attention to open government issues, private individuals are the ones who most often use the laws, particularly the Public Records Act. That's one reason why the public should take greater interest in finding out how candidates stand on open government issues.

This year, more than 3,700 candidates filed for office in Washington, said Toby Nixon, a former Republican state representative from Kirkland who is president of the Coalition for Open Government. Of those, slightly more than 2,600 provided e-mail addresses on their candidate filing forms. Only those with e-mail addresses received the surveys.

Nixon isn't surprised by the low survey response rate. In even-number years, when candidates for the Legislature are on the ballot, the return rate averages around 60 percent. Nixon says that's because those candidates are more accustomed to receiving surveys from public interest groups. In odd-year elections, which involve city councils, school boards and a number of low-profile public offices, including fire and mosquito districts, there are a lot of candidates who aren't used to seeing such surveys.

Nixon, who himself is a candidate this fall for a King County fire district commission post (yes, he returned the survey) suspects more candidates will turn them in. Many candidates who advanced to the general election without being on the primary ballot may now feel more compelled to respond.

The fact that his name wasn't on the primary ballot didn't stop Yakima City Councilman Micah Cawley from responding. Meanwhile, the only Yakima council candidate on the primary ballot who did respond by Aug. 18 was Mitchell Smith. The four candidates in the two contested races who did advance -- incumbents Bill Lover and Sonia Rodriguez and challengers Ben Soria and Dave Ettl -- did not respond.

Others in Yakima County who responded were Pam Homer, candidate for Grandview City Council; Jason Raines, candidate for Sunnyside City Council; John Gawlik and David Smeback, candidates for Selah City Council; and state 15th District Rep. David Taylor, R-Moxee.

We urge readers to visit the Coalition for Open Government's Web site, www.washingtoncog.org, to see how candidates responded, since filling out the survey does not automatically make one a friend of open government. You'll have to look alphabetically by name; the list isn't broken down by county or by office being sought.

If there are candidates you're interested in who are not on the list, contact them and see how they stand. And of course, keep in mind that actions speak louder than words. It's good for candidates to fill out a survey, but much better that once elected they vote in the interests of open government.

* Members of the Yakima Herald-Republic editorial board are Michael Shepard, Bob Crider, Spencer Hatton and Karen Troianello.

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