https://citizenactiondefense.org/app/uploads/2024/08/240814-OFM-PRA-Appeal-FINAL.pdf
FOR IMMEDIATE RELEASE
August 15, 2024
CADF APPEALS TO STATE SUPREME COURT IN PUBLIC RECORDS CASE AGAINST GOVERNOR’S OFFICE OVER UNION NEGOTIATION DOCUMENTS
CADF won at the trial court level and the Division II Court of Appeals reversed.
Olympia, Washington — August 15, 2024 — The Citizen Action Defense Fund (CADF) is appealing the Division II Court of Appeals’ decision to overturn their trial court win against the Governor’s Office of Financial Management. The appeal has been filed with the Washington State Supreme Court, and if review is accepted, the issue would be challenged before the state’s highest court.
Background
In March 2023, the Citizen Action Defense Fund (CADF) won its public records lawsuit against the Governor’s Office of Financial Management (OFM). The suit was brought after OFM violated the public records act when they refused to hand over initial offers in collective bargaining negotiations even after the parties had signed agreements – and this was after the Governor had “secret” negotiations with public sector employee unions.
These agreements led to $997 million in increased salary and benefits for state employees, which was extremely controversial due to the fact that the unions made substantial political donations to the Governor and his allies in the months leading up to the elections.
Later, CADF learned that the Governor’s OFM was refusing to provide copies of the state and unions’ original offers until after the Legislature approved the entire General Fund state budget during the 2023 legislative session and the Governor signed it into law. After CADF submitted its own request and OFM once again failed to abide by the PRA, CADF filed suit.
Court Rulings
CADF won its lawsuit, and the judge awarded attorney’s fees and costs in addition to a penalty of adding a $6 per day.
The Governor’s OFM filed an appeal at the Division II Court of Appeals and the appellate court overturned the trial court’s decision and ruled in favor of OFM, which conflicts with decisions of other appellate courts – including the state supreme court.
CADF has filed their appeal with the state’s highest court, which will review whether to accept the case. Should it be heard, CADF will continue to zealously advocate for transparency in public process as required by the law.
“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,” said Jackson Maynard, Executive Director and Counsel for CADF. “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.”
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For more information:
Jackson Maynard
Executive Director
Citizen Action Defense Fund
Phone: (850) 519-3495