WA Redistricting Commission faces another lawsuit over handling of public records
Another lawsuit has emerged against the Washington State Redistricting Commission exactly a year after state commissioners failed to adopt a redistricting map in time for their deadline.
The lawsuit, filed on Nov. 15 by Sean Murray, a former digital media and communications coordinator for the Redistricting Commission, claimed that commissioners intentionally withheld and destroyed public records after receiving public records requests — both actions violating the Public Records Act.
Additionally, the lawsuit claimed that the Redistricting Commission “failed to conduct an adequate search for public records,” “failed to train its employees and its commissioners to comply with the PRA,” and “failed to retain public records.”
The commission is required to abide by the state Public Records Act and the Open Public Meetings Act.
Murray told McClatchy that initially he had no intention of filing suit, but once he realized that some of the commissioners were using the encrypted messaging app Signal to conduct affairs out of the public view, as well as deleting some of their texts, he said he felt like it didn’t matter what was requested.
Murray said he knew he was owed other public records after filing a request and tried to look for it other ways, but once the other information came to light, he wanted to figure out the whole story, and said the only way was to do that was by waving a red flag publicly.
He said he believes he received less than 5% of the records he actually requested from the commission, and thinks there are multiple storylines for how corrupt the situation was.
“Washington state is known for having this very public, robust redistricting commission process but in reality, it’s anything but that,” Murray added. “They didn’t even pretend to care privately about the process.”
Last year, news website Crosscut reported that despite state law requirements, conversations happened privately between commissioners throughout the redistricting process, and the public was unaware of new political maps for several hours after the vote to approve the maps took place before the midnight deadline on Nov. 15, 2021.
Murray’s lawsuit has requested Thurston County Superior Court find the Commission in violation of the Public Records Act, and penalize the commission to “deter future violations of the public’s right to access public records.” It also asks that the Commission cover Murray’s attorney fees and “expenses to enforce his rights.”
The Redistricting Commission did not respond to McClatchy’s request for comment, and attempts to reach Lisa McLean, the executive director for WSRC who is named in the lawsuit, were unsuccessful.
A hearing has been scheduled for 9 a.m. Friday, Dec. 9, according to the Washington Courts online case search.
This isn’t the first time the Redistricting Commission has been sued for withholding public records.
In August, Arthur West, an Olympia resident and open government advocate, alleged that that the Redistricting Commission committed a series of violations and that redistricting commissioners “deliberately failed to make a reasonable search, and further acted in bad faith with ulterior motives to conceal offensive, ribald, and politically damaging records and information.”
West’s lawsuit further alleged that the Redistricting Commission “failed to make a reasonable estimate for disclosure, failed to reasonably disclose responsive records, failed to conduct an adequate search, and has silently withheld records in the absence of an adequate privilege log, and plaintiff is entitled to the relief sought.”
West also submitted texts from the commission that were withheld, including some “politically damning communications.”
The Redistricting Commission meets once every 10 years to redraw districts. In February, the Redistricting Commission admitted to breaking the law when it conducted the redrawing of state districts secretly, and without any public deliberation. The commission came to a settlement agreement by adopting rules that would prevent them from conducting the process behind closed doors in the future.
This story was originally published December 2, 2022 at 11:16 AM.
