General Local Government

The following public records-related bills will have public hearings next week. The House versions will be heard on February 2 at 8 am in the House Committee on State Government & Tribal Affairs. The Senate versions will be heard on January 29 at 10 am in the Senate Government Operations & Elections Committee.

Creating the Public Records Exemptions Committee (SB 5435/HB 1444)

The state Attorney General is proposing to create a public records exemption review committee, which would meet at least once each fall and transmit their recommendations to the legislature.

The bill calls for a thirteen-member committee consisting of members from the four legislative caucuses, representatives of media, local governments, the state Auditor, the state Attorney General, and the Governor, and would include four members of the public selected by the remaining members of the committee. All public records exemptions throughout the Revised Code of Washington would be under review for recommendation of repeal or amendment.

Correcting the Statute of Limitations in the Public Records Act
(SB 5436/HB 1446)

This proposal clarifies that the statute of limitations is one year for actions under the Public Records Act, including the failure to provide a response to a request for a public record, and for any other violation.

Recodification of the Public Records Act (SB 5437/HB 1445)

This bill makes some corrections to the Public Records Act. According to the state Attorney General’s representative on public records, the bill should be technical in nature and is not intended to change public records policy. HB 1445 is scheduled for public hearing in the State Government & Tribal Affairs Committee on February 2 at 8 am.

Requiring Website Postings Within Five Days (SB 5420)

This bill, very simply, would require all public agencies to post to their website the following information within five business days of their adoption: ordinances, resolutions, rules, regulations, orders, and directives adopted by its governing body. City clerks have expressed strong concern with this proposal because the timelines are simply impractical. The bill has been referred to the Senate Government Operations and Elections Committee, but has not been scheduled for a hearing.

Work Session on Building Inspectors

The Senate Consumer Protection & Housing Committee will hold a work session regarding building inspectors on February 1 at 8:30 am. Issues regarding licensing, oversight and insurance will be discussed. AWC will monitor this session. Look for a report in the next issue of the Bulletin.

Filling a Vacancy in the Office of Mayor (HB 1391)

This proposal clarifies that incumbent council members in mayor-council cities or towns are eligible to be appointed to fill a vacancy in the office of mayor without having to resign their council seat first. In addition, the bill removes the restriction that second class cities must only choose a mayoral replacement from among the sitting council members.

Mid-Term Increases in the Cost of Medical Benefits (HB 1392)

The Attorney General, in a recent memorandum, determined that a mid-term increase in the cost of medical benefits provided to council members or mayors would constitute a prohibited increase in compensation. Research into current state statute reveals that for other local governments, such as county elected officials and fire protection district and utility commissioners, there is an exemption to the compensation issue for costs associated with medical benefits. This proposal simply adds cities to the current local government exemptions.

Both HB 1391 and HB 1392 are scheduled for public hearing in the House Local Government Committee on January 30 at 1:30 pm.

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