(The Center Square) – Earlier this month, government watchdog group Citizen Action Defense Fund appealed a decision by the Division II Court of Appeals to overturn CADF’s trial court win in Thurston County Superior Court over Washington state’s Office of Financial Management.
The appeal has been filed with the Washington Supreme Court.
“We just received notice from the court yesterday that they are accepting briefing on whether they should take review of the matter, and we will likely get a decision on that within the next four months,” Jackson Maynard, CADF executive director and counsel, emailed The Center Square Tuesday.
The case involves a lawsuit filed by CADF in December 2022 regarding negotiations between the Washington Federation of State Employees and the Governor’s Office “for failing to provide public records in connection with the Governor’s ‘secret’ negotiations with public sector employee unions last year that led to biennial agreements with $997 million in increased salary and benefits for state employees.”
Thurston County Superior Court Judge Mary Sue Wilson ruled in March 2023 that offers and counteroffers for state employee pay raises are disclosable public records once a deal is reached with the governor and posted online, as opposed to when the budget is signed.
Wilson awarded attorney’s fees and costs in addition to a $6-a-day penalty.
OFM filed an appeal at the Division II Court of Appeals, and on July 16, the appellate court overturned the Thurston County Superior Court’s decision.
“We hold that the superior court erred in finding that the deliberative process exemption had expired when OFM denied CADF’s request for the original offer letters pertaining to the collective bargaining process,” the ruling stated. “We reverse.”
Maynard expressed disappointment with the ruling.
“As we stated in our brief, this decision blows a hole in the Public Records Act. We are extremely disappointed in the Court of Appeals’ decision to overturn the trial court’s ruling – especially since the law is on our side and government transparency and accountability are at stake,” he said in a news release. “OFM cannot pretend that signed agreements are not final, and that documents from the negotiations involving almost a billion taxpayer dollars are not subject to public review under the law.”
The Center Square contacted the Governor’s Office and OFM for comment on the CADF’s appeal to the state's highest court.
“We appreciate the court’s careful consideration of this matter,” Mike Faulk, spokesperson for Gov. Jay Inslee, emailed The Center Square. “Given that litigation is still pending, we don’t have more to add at this time.”
OFM also said they wouldn't comment on active litigation.
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