§18.2 Policies of RCW 42.56.550(4)

• Jurisdiction: Washington

§18.2 POLICIES OF RCW 42.56.550(4)

The basic policy of the PRA—prompt access to nonexempt public records—has been recognized by the courts in interpreting RCW 42.56.550(4). "[P]ermitting a liberal recovery of costs" for a requestor in a PRA enforcement action "is consistent with the policy behind the act by making it financially feasible for private citizens to enforce the public's right to access public records." Am. Civil Liberties Union of Wash. v. Blaine Sch. Dist. No. 503 (ACLU II), 95 Wn.App. 106, 115, 975 P.2d 536 (1999); see also Yacobellis v. City of Bellingham (Yacobellis II), 64 Wn.App. 295, 300, 825 P.2d 324 (1992).

In the early case of Hearst Corp. v. Hoppe, 90 Wn.2d 123, 140, 580 P.2d 246 (1978), the court noted that "[s]trict enforcement of these provisions where warranted should discourage improper denial of access to public records and adherence to the goals and procedures dictated by the statute." See also Amren v. City of Kalama, 131 Wn.2d 25, 36, 929 P.2d 389 (1997) ("[S]trict enforcement" of RCW 42.56.550(4) will "discourage improper denial of access to public records."); Prog. Animal Welfare Soc'y v. Univ. of Wash. (PAWS II), 125 Wn.2d 243, 271, 884 P.2d 592 (1994) (same); Yacobellis II, 64 Wn.App. at 300 (same).

In analyzing whether the provisions of this section impose a penalty (as opposed to a form of damages), the court in Yacobellis II noted that the goals of the Act are set forth in the Declaration of Policy, which includes the following: "full access to information concerning the conduct of government on every level must be assured as a fundamental and necessary precondition to the sound governance of a free society." 64 Wn.App. at 300 (quoting RCW 42.17.010(11), now RCW 42.17A.001(11)).

The specific language in RCW 42.56.550 requires the court to consider the policy of the statute. In particular, RCW 42.56.550(3) states: "Courts shall take into account the policy of this chapter that free and open examination of public records is in the public interest, even though such examination may cause inconvenience or embarrassment to public officials or others."

The Supreme Court of Washington has reaffirmed that this statutory purpose must be considered by courts: "In order to promote this policy and protect the public interest, the PRA is to be 'liberally construed and its exemptions narrowly construed.' Courts are also required to 'take into account the policy...