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State AGO attorney gives annual refresher on public‑records and open‑meetings law
Summary
Matt Kernitz, senior counsel in the Washington State Attorney General’s Office, briefed the Citizen Commission on the Public Records Act and the Open Public Meetings Act, emphasizing broad PRA record definitions, retention schedules, 5‑day response obligations, searches of personal devices used for agency business, and penalties for noncompliance.
Matt Kernitz, senior counsel with the Washington State Attorney General’s Office, provided the Citizen Commission for Performance Measurement of Tax Preferences with its annual open‑government refresher during the commission’s May 6, 2026 meeting. Kernitz stressed that Washington’s Public Records Act (PRA) is broadly construed and requires disclosure of public records unless a narrowly applied exemption applies.
Kernitz told commissioners that under RCW 42.56 a “record” includes any writing or recording related to government conduct — from typewritten documents to sound recordings — and said retention schedules (RCW 40.14 and the commission’s policy) govern how long records must be kept. “Records are presumed open,” Kernitz said, and agencies must produce responsive records unless they can demonstrate an exemption applies; redactions are required where only portions are exempt.
He reviewed operational duties: notify JLARC staff if a commissioner receives a records request; agencies must send an initial response within five business days (the PRA “5‑day letter”) and begin a reasonable search for responsive records. Kernitz warned that, when commissioners use personal devices for commission business, those devices may be subject to search in a records request and recommended keeping commission material in a discrete folder to simplify searches.
Kernitz also summarized the Open Public Meetings Act (OPMA): a quorum cannot discuss commission business outside a public meeting; telephonic and electronic gatherings can constitute a meeting; the OPMA recognizes regular, special (24‑hour notice), and emergency meetings and permits executive sessions for limited statutory reasons. He noted that executive sessions are not recorded and that staff would work with him to ensure statutory requirements are met if an executive session were needed.
Kernitz closed by noting practical consequences of noncompliance, including potential court awards of costs and attorney fees and statutory penalties for unreasonable delay. He encouraged commissioners to review the materials provided in the meeting packet and to contact JLARC staff with any follow‑up questions.
The commission had no questions following the presentation; Kernitz offered to take follow‑ups through agency staff after the meeting.
