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State AGO counsel gives annual open-government refresher to commission
Summary
Matt Kernet of the Washington State Attorney General's Office reminded commissioners that public records are presumed open under the Public Records Act and summarized common OPMA pitfalls such as conference calls, email threads and executive sessions.
Matt Kernet, senior counsel in the Washington State Attorney General's Office and the commission's primary advice AAG, delivered the commission's annual open-government refresher at the May 6 meeting.
Kernet told commissioners that the Public Records Act (RCW 42.56) broadly defines a record and that "all public records must be disclosed unless there is a specific exemption that applies." He emphasized that exemptions are interpreted narrowly and that agencies bear the burden of proving an exemption. He also reviewed records-retention obligations under RCW 40.14 and the commission's retention policy.
On the Open Public Meetings Act, Kernet reminded commissioners that a quorum discussing commission business triggers OPMA requirements, and said that meetings may occur telephonically or electronically. He flagged common problem areas: conference calls, reply-all email threads and informal gatherings that can create an inadvertent meeting under the law. Kernet also summarized executive-session limits and the types of subjects that may justify excluding the public.
Kernet closed by encouraging commissioners to review the materials in their packet and to contact JLARC staff or the AGO for follow-up questions.
