Sunshine makes government stronger, accountable

By Rob McKenna | • Published March 16, 2008

The Port of Seattle is not the only jurisdiction facing such disputes, and an audio recording could save thousands of dollars in legal fees and arguments when these disputes arise.

Throughout the legislative process, opponents made arguments decrying the cost of recording and storing audio of their executive sessions. They warned that recordings could be stolen or leaked and they spread misinformation about how and when the information on these recordings could be legally released to the public.

We carefully crafted this bill to put minimal burden on government, while providing the maximum benefit. You can purchase a digital recorder with capacity to hold 130 hours of audio for just $60. At roughly 1 inch by 4 inches, it takes up less room than a deck of cards, making it easy to lock up to prevent thefts or leaks. The $60 recorder we priced even includes its own storage software to allow the audio to be removed from the recorder and stored on a secure server if desired.

Under our bill, executive session recordings were protected unless a judge found credible evidence of an executive session violation. Lawfully authorized conversations would remain confidential, such as advice given by attorneys related to pending and actual lawsuits. The idea of recording executive sessions might seem new, but it promotes accountability much as minutes and memos currently memorialize legal advice and official business. An audio tape of valid executive sessions would legally be treated no differently than legally protected memos. Valid discussions would remain exempt while promoting accountability and good government.

Public officials conducting public business are accountable to the public even when discussing topics that are exempt from public disclosure. Recording executive sessions would provide officials with important proof of sensitive discussions that could help them when disputes arise in the future, saving valuable time and money for government and the taxpayers they serve.

Rob McKenna, a Republican from Seattle, is serving his first term as attorney general.

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