47:17
Public Officials Caught Breaking the Law—Then Admit It!
I.A.M. Free - Inland Auditing Media
Overview
This video documents an independent journalist's investigation into the North Spokane Irrigation District #8's compliance with Washington State's Public Records Act. The journalist repeatedly attempts to inspect the district's public records index and procedures manual, which are legally required to be available. Initial visits reveal non-compliance, with district staff unfamiliar with or unable to produce these documents. A follow-up visit shows the district acknowledging its non-compliance and promising to work with an attorney to rectify the situation. The video highlights systemic issues in public record accessibility and the challenges citizens face in holding government entities accountable.
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Chapters
- The journalist visited the North Spokane Irrigation District #8 to inspect the public records index and procedures manual.
- District staff claimed these documents were not readily available and required a formal public records request, even for inspection tools.
- The district stated it did not have an official Public Records Officer, with the District Manager or Office Manager potentially fulfilling the role.
- The journalist cited RCW 42.56.040, which mandates that the procedures manual be prominently displayed at the agency's office.
This chapter establishes the core issue: the district's potential non-compliance with basic requirements for public record access, setting the stage for the investigation.
A district employee states, 'You have to file a public records request for that' when asked to inspect the procedures manual and index.
- The journalist referenced specific Revised Code of Washington (RCW) sections, demonstrating knowledge of the Public Records Act.
- District staff expressed unfamiliarity with the specific RCWs, stating they do not memorize them.
- The journalist explained that the index and manual are tools to aid citizens in making requests, not documents requiring a request to view.
- The district suggested the journalist consult the Washington State website for information on filing requests, rather than providing their own mandated documents.
This section highlights the conflict between the journalist's understanding of the law and the district's apparent lack of adherence or knowledge, illustrating common obstacles in public record access.
The journalist states, 'The index, the public records index, and the procedures manual, they're just tools meant to aid a citizen in making a records request.'
- During a follow-up visit, the District Manager, Jason Cushman, acknowledged the district's non-compliance.
- Cushman stated he was on vacation during the initial visit and had since spoken with the district's attorney.
- The district committed to addressing the issue and working towards compliance, with a meeting scheduled with their attorney.
- The journalist preemptively requested that the district not use unlawful exemptions, citing RCW 42.56.070(4)(a) regarding undue burden.
This chapter shows a shift from denial/ignorance to acknowledgment, demonstrating that persistent inquiry can lead to a public entity recognizing its legal obligations.
Jason Cushman tells the journalist, 'We are addressing it. I know that you came in last week. My guys called me and I was on vacation. I just got back today and I talked to my attorney this morning and he's coming in. We're going to have a meeting and then we'll get within compliance.'
- The journalist discusses how some attorneys may provide boilerplate exemptions for public records, leading to unlawful non-compliance.
- The video touches on other instances of alleged corruption and lack of transparency in public entities, including other irrigation districts and a grain commission.
- The importance of journalists and citizens holding public entities accountable is emphasized, especially for smaller organizations that might otherwise be overlooked.
- The journalist notes that many public employees are unaware of or do not prioritize the Public Records Act, suggesting laziness or a lack of training as potential causes.
This section broadens the scope beyond a single district, illustrating that the challenges faced are part of a larger pattern of potential governmental opacity and the crucial role of external oversight.
The journalist explains the 'unduly burdensome' exemption: 'the rest of the state that's breaking the law right now, let's just do what they want to do... But some people want to fall to their doom.'
Key takeaways
- Public entities are legally required to make their public records index and procedures manual readily available for inspection.
- Lack of an official 'Public Records Officer' title does not exempt an agency from its public records obligations.
- Citizens have the right to inspect, not just request, documents that outline how to make public records requests.
- Persistent and informed inquiry, referencing specific statutes, is often necessary to compel public entities to comply with transparency laws.
- Even if a document is 'unduly burdensome' to produce, agencies must issue a formal order explaining why, rather than simply refusing.
- Journalists play a vital role in uncovering and reporting on governmental non-compliance that might otherwise go unnoticed.
- Transparency laws like the Public Records Act are designed to facilitate, not hinder, public access to information.
Key terms
Public Records ActPublic Records IndexProcedures ManualRCW (Revised Code of Washington)Public Records OfficerComplianceNon-complianceExemptionUnduly BurdensomeTransparency
Test your understanding
- What are the two key documents a public agency must make available for inspection according to the Public Records Act?
- Why is it important for a public agency to have a publicly accessible procedures manual and index?
- How can a citizen legally challenge an agency's claim that producing a public record is 'unduly burdensome'?
- What is the role of an independent journalist in ensuring government transparency?
- What steps did the North Spokane Irrigation District #8 take after being confronted with its non-compliance?