WA Supreme Court Rules Against Watchdog Group In CBA Records Case

In an 8-1 decision, the Washington Supreme Court on Thursday ruled that the Office of Financial Management was justified in withholding certain contract negotiation documents related to collective bargaining agreements.

The case involves a lawsuit filed in December 2022 by the Citizen Action Defense Fund, an Olympia-based government watchdog organization, regarding negotiations between the Washington Federation of State Employees and the Governor’s Office “for failing to provide public records in connection with the Governor’s ‘secret’ negotiations with public sector employee unions last year that led to biennial agreements with $997 million in increased salary and benefits for state employees.”

Thurston County Superior Court Judge Mary Sue Wilson ruled in March 2023 that offers and counteroffers for state employee pay raises are disclosable public records once a deal is reached with the governor and posted online, as opposed to when the budget is signed.

Wilson awarded attorney’s fees and costs in addition to a $6-a-day penalty.

OFM filed an appeal at the Division II Court of Appeals, and on July 16, 2024, the appellate court overturned the Thurston County Superior Court’s decision.

The following month, CADF appealed the decision to the state Supreme Court.

According to Thursday’s ruling, the court found that the documents were not subject to public disclosure under the Public Records Act because the deliberative process exemption still applied, even after the CBAs were signed.

The court reasoned that the documents were part of a deliberative process, even after the CBAs were signed, because they were not finalized until approved by the Legislature and signed by the governor.