Kessler concedes defeat on taping bill — for this year
By Brian Gawley, Peninsula Daily News
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She vowed to try again next year.
Open-government advocates led by Attorney General Rob McKenna and Auditor Brian Sonntag sought the law, saying it would lead to better accountability.
"I talked to House Speaker Frank Chopp, and he said it looks like I don't have support on both sides of the aisle," Kessler said in a telephone interview. "But I'm going to bring it back again next year.
"It's really necessary to affirm that the public trusts us when we go into executive session that we aren't going to violate the Open Public Meetings Act."
Kessler, D-Hoquiam and the majority leader in the state House, represents Jefferson and Clallam counties and part of Grays Harbor County along with Rep. Kevin Van De Wege, D-Sequim, and state Sen. Jim Hargrove, D-Hoquiam.
Five co-sponsors
House Bill 3292 was sponsored by Kessler and co-sponsored by five others, including House Minority Leader Rep. Richard DeBolt, R-Chehalis.
It would have required local governments to tape their executive sessions and keep the recordings for two years.
If credible evidence, supported by a legal declaration or affidavit, was presented that a open meetings law violation occurred during a closed-door session, a judge would review the tape in private, the bill said.
If the judge found a violation, that portion of the tape would be released to the public, while the rest of the recording would remain private.
"Everybody but Seattle and Tacoma and Pierce County and King County opposed it, and the Port of Seattle already is taping its executive sessions because of all the problems they've had," Kessler said.
"All the counties are ratcheting up the opposition.
"So it's not looking good.
"Elected officials at all levels are all opposing it.
"They are coming on strong and telling legislators not to vote for it.
Possible violations
Sonntag said his auditors found 460 incidents between 2004 and 2007 in which government officials might have violated the state's public meetings act while meeting in executive session.
Kessler discounted concerns by officials that they wouldn't be able to discuss sensitive issues candidly in executive session if it was being recorded.
"Everything is private unless they violate the Open Meetings Act," she said.
The Legislature enacted Washington's Open Public Meetings Act in 1971.
The law says elected officials should do the public's work in open, public meetings.
The law allows elected officials to go behind closed doors for executive sessions.
The reasons for excluding the public include consideration of matters affecting national security, to discuss real estate transactions, to review charges brought against a public employee and to receive legal advice.
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Reporter Brian Gawley can be reached at 360-417-3532 or brian.gawley@peninsuladailynews.com.
Last modified: February 18. 2008 9:00PM