The bad news bin.

Gov. Gregoire denies EFF records request, claiming "executive privilege"
Posted by Mike Reitz - August 07, 2009

Does the governor's executive privilege exempt her from the state's Public Records Act? Looks like we'll find out.

Climate change was a hot topic during the 2009 legislative session. Gov. Gregoire had requested legislation that ultimately died in the Senate. Not to be stopped, the governor issued Executive Order 09-05 to address climate change. Curious to see the backstory, EFF filed a request for documents related to the executive order's drafting and implementation. We've received many records, but the governor's office has refused to release 48 documents. The denial cites several reasons, including "executive privilege" and "deliberative process."
There's a problem with this denial. There is no "executive privilege" exemption in the Public Records Act. And once the executive order was published the "deliberation" exemption no longer applies. (This isn't the first time Gov. Gregoire has claimed the phantom "executive privilege" exemption.)

Today we wrote to the governor's office, asking for a reconsideration of the denial. As we wrote in the letter:
[W]e believe the state's public policy in favor of openness should dictate disclosure of the documents we requested. The policies adopted in Gov. Gregoire's executive order will result in significant cost to state agencies, local governments, and private businesses. ...

Now the governor asks the people of Washington to accept her executive actions related to climate change without giving us the benefit of fully understanding how her policies were developed and implemented. The governor should not act under the cloak of secrecy where the legislature openly declined to act.
We'll update the story as it develops.