AWC appreciates all the individuals from cities and other local governments who testified, submitted written testimony, and signed in support of HB 2307. Thirty-five cities and local governments signed in in support of the bill and we have heard from several more who submitted written testimony.

Watch the public hearing from HB 2307.

Bill addressing vexatious public records litigation scheduled for hearing

January 19, 2024

HB 2307, which limits vexatious public records claims by modifying administrative and judicial review processes for public records requests and responses, is scheduled for a public hearing in the House State Government & Tribal Relations Committee on Wednesday, January 24 at 1:30 pm.

Join AWC in providing testimony to the legislature about your city’s experience with vexatious public records lawsuits! Testimony is usually about a minute and can be done in person or remotely. Your city can also choose to submit written comments. Learn how to sign in and testify.

HB 2307 creates an administrative review process for requesters to appeal the denial of a request or make a claim that the response to a request is incomplete. This new process allows the requester to petition the agency for a review of the agency’s response to a public records request within 30 days of the denial or closure of the request. If, through the administrative review process, the agency finds that records were improperly withheld, then the agency must provide the responsive records.

Importantly, the bill also adds that parties seeking judicial review must have first exhausted all administrative remedies and that the court may consider whether or not the agency was in substantial compliance and acted reasonably and in good faith.

AWC believes that this bill creates an important administrative remedy for public records disputes.

Planning to testify or have questions? Contact Candice Bock, Government Relations Director, or Katherine Walton, Legislative Policy Analyst, at AWC.

Dates to remember

HB 2307 is scheduled for public hearing in the House State Government & Tribal Relations Committee on January 24 at 1:30 pm.

Exciting news! Public Records creating an administrative remedy process to limit vexatious lawsuits has been introduced

January 12, 2024

Your city’s advocacy team at the Association of Washington Cities has been working with legislators  and stakeholders during the interim to explore ways to reduce the impact of abusive public records requests and litigation and this week HB 2307, sponsored by Rep. Joe Schmick (R–Colfax), was introduced to the House of Representatives.

HB 2307 creates an administrative review process for requesters to appeal the denial of a request or make a claim that the response to a request is incomplete. This new process allows the requester to petition the agency for a review o the agency’s response to a public records request within 30 days of the denial or closure of the request. If, through the administrative review process, the agency finds that records were improperly withheld, then the agency must provide the responsive records.

Importantly, the bill also adds that parties seeking judicial review must have first exhausted all administrative remedies and that the court may consider whether or not the agency was in substantial compliance and acted reasonably and in good faith.

This bill creates an important administrative remedy for public records disputes.

HB 2190, sponsored by Rep. Amy Walen (D–Kirkland), commissions a Washington State Institute for Public Policy (WSIPP) study on improving the public records act. The study would task WSIPP with:

• Documenting the current practice of some individuals of businesses of targeting agencies for the express purpose of generating income from frivolous lawsuits,
• Looking at the extent to which governments that have been found in violation of the public records act in court were acting on good faith,
• An analysis of fine schedules and the way that these schedules can result in disproportionately large fines, and
• Issues that agencies have with hiring and retaining public records staff,

In the recent Washington Joint Legislative Audit & Review Committee (JLARC) 2022 Public records data dashboards, which includes data from 78% of Washington cities and towns, agencies reported 95 court claims that were filed in 2022 alleging that an agency violated Chapter 42.56 RCW.

• 54 (57% of statewide total) court claims were filed against state agencies, commissions, or boards.
• 195 (85%) agencies reported no court claims filed against them during the reporting period.

Agencies reported spending $7.7 million on litigation costs.

• State agencies, commissions, or boards reported the highest litigation costs at $3,218,346 (42% of statewide total).
• Costs may include:
  • Estimate of agency staff time incurred while responding to litigation (e.g., responding to discovery, participating in depositions, attending mediation).
  • Attorney fees for the agency's attorneys.
  • Other agency representation costs (e.g., costs associated with production of documents or purchasing deposition transcripts).
  • Settlement amounts.
  • Total penalties.
  • Attorney fees for the requester's attorney.
  • Costs for the requester's litigation.

Has your city experienced a public records lawsuit in the past few years? AWC encourages you to share your experience with your local legislator to help them understand the impact of PRA lawsuits. Any information you’re willing to share about the impact – fiscal but also time and additional impacts associated with the lawsuit – would be greatly appreciated.