EFF public records lawsuit: Hearing scheduled
for 9 a.m. on February 27
OLYMPIA, WAThe Evergreen Freedom Foundation (EFF) filed a motion in
the Thurston County Superior Court last night to reschedule a hearing on
its public records lawsuit against the governor and the state Department
of Community Trade and Economic Development (CTED). The Foundation is seeking
the release of undisclosed and redacted documents related to the governor's
contract with Boeing.
A hearing on the case was originally scheduled for February 20 with Superior
Court Judge Richard Hicks, but the Attorney General's office (representing
the governor) asked the court to remove him from the case, arguing that
he would not give them a fair and impartial hearing. Judge Hicks has a history
of upholding and enforcing the state's public records law.
Thurston County Superior Court Judge Christine A. Pomeroy has been assigned
to the case.
Despite repeated public statements during the past three weeks that all
information related to the Boeing contract has been disclosed, CTED staff
hand-delivered 250 pages of additional documents to EFF's office on February
12. The Foundation met with CTED Director Martha Choe on February 17 to
discuss disclosure of remaining and redacted documents and determine if
it would be possible to avoid proceeding to court. The two sides could not
agree on a settlement.
"Legislators are being asked to spend $6 million in this year's supplemental
capital budget, and an unknown amount in future budgets, to comply with
the terms of the governor's contract," said Bob Williams. "The
only problem is, they don't know what they're buying with those taxpayer
dollars."
Four legislators, including two members of the House Appropriations Committee,
have signed declarations in support of EFF's lawsuit. They are Rep. Marc
Boldt, Rep. Lois McMahan, Rep. Tom Mielke, and Rep. Gigi Talcott. Retired
State Supreme Court Justice and current gubernatorial candidate Phil Talmadge
has also signed a declaration supporting the lawsuit.
"It's unfortunate that we have to go to court to get state officials
to release public records about a deal they made with public dollars,"
said Williams. "The secrecy is unacceptable and outrageous."
At a March 23, 2005, House Appropriations hearing on a bill to gut the voter-approved I-601 spending limit, Rep. Jim McIntire (D) asked a supporter of I-601’s two-third supermajority requirement for the legislature to raise taxes the following question:
"Can you name a time when we [legislators] have actually not just set it [supermajority requirement] aside by majority vote? I mean, this is in many respects a procedural motion that has no bearing. It’s a statutory constraint that cannot constrain any legislature that chooses as a majority to set it aside . . . have we ever used a supermajority [to raise taxes]?"