Chapter §16.1 Introduction: PRA Enforcement Causes of Action

• Jurisdiction: Washington

§16.1 INTRODUCTION: PRA ENFORCEMENT CAUSES OF ACTION

The prior chapters of this deskbook detailed which records must be provided and the procedures for providing them under the Public Records Act (PRA), Chapter 42.56 RCW. Among other topics, this chapter addresses what legal options a requestor has when the requestor believes the agency has failed to provide an adequate or timely response to a request. The PRA provides strong enforcement tools that allow a requestor to compel the agency to respond promptly and completely; to gain access to wrongly withheld records; and to have the court impose penalties, fees, and costs against an agency that violates the PRA. "[J]udicial oversight is essential to ensure government agencies comply with the [PRA]." Spokane Research & Def. Fund v. City of Spokane ( Spokane Research IV), 155 Wn.2d 89, 100, 117 P.3d 1117 (2005). Enforcement of the PRA rests entirely on the requestors—there is no independent government agency that ensures local governments and the state agencies comply with the law.

Additionally, this chapter addresses "reverse" PRA lawsuits that are filed by agencies, against requestors, seeking clarification of their rights and obligations under the PRA. (Reverse PRA actions brought by third parties seeking court orders barring the release of requested records are addressed in Chapter 17 (Reverse PRA Action (Private Party Seeking to Prevent Disclosure)) of this deskbook). Finally...