Redistricting Commission fined $137,000 for Open Meetings violations

OLYMPIA–The Washington Coalition for Open Government (WashCOG) filled a lawsuit against Washington and its Redistricting Commission over violating the Open Public Meeting Act. The organization agreed to settle, paying $137, 000 of which $500 per commissioner will be paid personally, and the state will use tax dollars to pay legal costs and fees for the plaintiffs, according to a March 8 Associated Press, article, “Washington state redistricting commission chair resigns”.

Washington and its Redistricting Commission admit they violated the state Open Public Meetings Act as they redrew legislative district lines.

The process was challenged in a lawsuit by the Washington Coalition for Open Government which agreed to settle its lawsuit with certain conditions.

That agreement includes open government principles that ensures future Commissions will not continue to act secretly, which was WashCOG’s goal. Elements of the agreement include:

• The Open Public Meetings Act (OPMA) applies to the Commission and its Commissioners.

• The Commission and its commissioners violated OPMA and the Commission’s corresponding rules regarding transparency.

• A commitment to implement rules so that commissioners no longer negotiate in private.

• A stipulation that all future commissioners and staff shall complete open government training within thirty days of hiring or appointment.

• Before the Commission considers any motion to approve a final redistricting plan, the Commission shall make that plan publicly available, including any proposed Congressional or legislative district maps.

• The Commission shall open for public comment any motion to approve a final plan prior to voting on the motion.

• Penalties of $500 per commissioner and payment of legal costs and fees for the plaintiffs. The state also agrees to pay WashCOG’s attorney fees of more than $120,000.

Under the settlement, the Superior Court denies WashCOG’s request to invalidate the redistricting plan and district maps the Commission transmitted to the state Supreme Court on Nov. 16.

The Supreme Court’s had already issued an order Dec. 3, 2021, affirming that plan. The Supreme Court’s decision said that “the primary purpose of achieving a timely redistricting plan would be impeded, not advanced, by rejecting the Commission’s completed work.”

Subsequently, the Supreme Courts declined original jurisdiction to hear WashCOG’s complaint and the Legislature adopted of the Redistricting Plan as amended on February 8, 2022.

WashCOG President Mike Fancher said, “We concluded the Supreme Court and Legislature had no interest in invalidating the plan and maps so close to the 2022 elections. We took no position on maps, but pursued an outcome that ensures this Commission and future Commission will not repeat the same mistakes. We feel this outcome achieved that aim.”

The Commission has agreed to clarify its rules and never again vote on a “framework” rather than a redistricting plan in final form with actual maps in recordable form made public prior to its vote. The Commission agreed to forgo private negotiations and bring its working conversations or deliberations into the public forum moving forward.

Washington’s Open Public Meetings Act requires “All meetings of the governing body of a public agency shall be open and public and all persons shall be permitted to attend any meeting of the governing of a public agency, except as otherwise provided in this chapter.” RCW 42.30.030

The Washington Coalition for Open Government is a nonpartisan, nonprofit organization founded in 2002. It is an independent, broad-based advocate for public records, open meetings and informed citizens.

Edited by Charlotte Baker, Editor/Publisher