Several lawmakers in Washington state have proposed a bill to study the creation of an official open government ombudsman. The details can be found in HB 1055: Enhancing access to public records. This is a very exciting proposal and one we hope other states will also consider. Authorizing an open government ombudsman is one of the recommendations from our Policy Manual.
Here is the intent section for WA’s HB 1055:
“It is the intent of the legislature to reaffirm its commitment to open, transparent, and accountable governance through commissioning a broad-based study on the establishment of the Washington office of transparency ombuds as a nonpartisan and independent agency. The legislature finds that residents of Washington have every right to know how their elected officials and government agencies come to critical decisions which impact their livelihoods so greatly. Barriers to accessing these records only act as a disservice to the public. The legislature further intends to build upon the foundation set by the voters through their adoption of Initiative Measure No. 276, also known as the public records act, by ensuring individuals have an independent advocate holding lawmakers and public agencies accountable as stewards of official public records.”
The bill report for HB 1055 says in part:
“. . . conduct a study on the efficacy of establishing an independent nonpartisan agency dedicated to promoting open government and assisting individuals with accessing public records. The office would be named the Washington Office of Transparency Ombuds (OTO). The study must:
include an overview of each state's public records laws, or similar laws, and compare those laws with Washington's public records laws;
evaluate independent state agencies that are located in other states and are dedicated to serving individuals who seek to access public records, which must include, among other things, information on whether litigation pertaining to public records requests has decreased after the creation of the state's independent agency and resources provided by the state to assist individuals in understanding public records laws;
determine the efficacy of establishing the OTO, which will be measured by: potential cost savings from reduced litigation costs, increased ease of access to public records, additional resources to assist the public in understanding public records laws, and the prospect of an independent agency to provide individuals with alternatives to litigation; and
include recommended duties of the OTO.”
Wyoming is one of the states that currently has an open government ombudsman. According to a release by Governor Gordon:
“The Ombudsman position was created with the passage of Senate File 57 in 2019. The Public Records Ombudsman serves as a resource for the public to resolve issues regarding public records requests submitted to state and local government agencies. In addition, the position provides aid to state and local governments to understand their obligations in response to such requests. The Ombudsman is also charged with mediating disputes relating to the timeliness of a records production, an agency's claim of privilege or confidentiality, and fees.”
To ensure public accountability and maintain control over the actions of government officials, state laws across the country authorize access to public records and require open public meetings. Though these rights exist on paper, they are not self-executing and often can result in costly litigation as the people attempt to enforce open government laws. Authorization of an official open government ombudsman could help serve as an advocate for the people’s right to know.
The foundations for an accountable government can be found in strong citizen oversight, and one of the most critical tools to achieve this is open government laws. Authorizing an open government ombudsman would provide a helpful resource for citizens and potentially reduce the possibility of litigation relating to the enforcement of state public records and open meeting laws.