Washington Policy Blog

Final Vanpool Fact-of-the-Day #31

Vanpools are the safest, cheapest and most cost effective transit mode for connecting commuters with urban employment centers.

TVW Asks Constantine Campaign to Pull Ad that Misuses Footage

Washington’s non-partisan public affairs channel, TVW, has asked King County Executive candidate Dow Constantine to stop using TVW footage in his political campaign advertisements.  Constantine is running an ad that uses footage from Washington Policy Center's 2008 Annual Dinner.  Constantine refused to pull the ad.

TVW has a long-standing policy of not allowing its coverage of public events, which is copyrighted, to be used by political candidates to attack opponents.  The reason is obvious – TVW wants to stay professional and neutral in how it covers public events, and not be drawn into political campaigns.  The network’s copyright policy says:

“All content, including text, graphics, audio, video and applications on this site are protected by U.S. copyright and international treaties and may not be copied without the express permission of TVW, which reserves all rights. Re-use of any of TVW's content and graphics online for any purpose may be granted on a case-by-case basis provided the content and/or graphics are not modified in any way, all copyright and other notices on any copy are retained, and permission is granted by TVW. Re-use of any of TVW's content and graphics online for any commercial or political purpose is strictly prohibited.”

Vanpool Fact-of-the-Day #30

The PSRC estimates that if the Destination 2030 plan were fully implemented it would reduce Vehicle Miles Traveled (VMT) by about 4.1 percent for a cost of $40-$45 billion. If vanpools were expanded to reach their market potential, they could reduce VMT by up to 9.3 percent for only $2.5 billion.

Open Government Task Force Meeting Nov. 2

The Open Government Task Force created by State Auditor Brian Sonntag and Attorney General Rob McKenna will have its final meeting on November 2 to vote on recommendations to improve enforcement of the state's open government laws. Currently the only option available to citizens is to file a lawsuit if they disagree with an agency's opinion on whether a record should be disclosed.

State Auditor Brian Sonntag noted at the October 5 Task Force meeting that there has to be a better way for citizens to access government records without having to resort to lawsuits. Attorney General Rob McKenna agreed highlighting the fact that every other area of law has an administrative mechanism for addressing concerns. The reason is administrative mechanisms are faster and more cost effective than relying solely on court relief. Unfortunately, Washington lacks this type of recourse for enforcement of the state’s open government laws.

On the agenda for Monday's meeting:

• Presentations from the Washington Council of Police and Sheriffs and Seattle Times

• Review of Materials Summarizing Concerns from October 5th Meeting

• Discussion of Draft Report

• Vote to Adopt Recommendations

Here are the findings from the draft report:

1) The Public Records Act and Open Public Meetings Act provide rights to the public for access to public records and meetings. The purpose of these laws is to allow the public access to public records and meetings. The courts are not always the best method for enforcing these rights and may be extremely expensive and slow. The added costs and uncertain liability of agencies subject to litigation are a growing concern.

2) There is a critical need for an independent administrative oversight agency to enforce the Public Records Act and Open Public Meetings Act with the purpose of providing an inexpensive, expedited, and clear process for resolving disputes.

3) The independent oversight agency should have authority to adopt rules pursuant to the Administrative Procedures Act to provide clear guidelines for an appeal process, and to issue advisory opinions interpreting the laws to provide clarity on agency duties. The oversight agency should make this information available on its website with other relevant information. The oversight agency should submit an annual report to the legislature on its activities, and recommend legislative reform.

4) Training should be mandatory for designated agency officials for the Public Records Act and Open Public Meetings Act. It would greatly reduce the concern over litigation. The oversight agency should provide periodic training, and make training materials available free on its website.

5) The independent oversight agency may be governed either by:

a) A single independent director appointed by the Governor who hires appeals officers to manage and decide appeals, and has a term set by law and may only be removed for cause, or

b) It may be governed by a commission.

6) The process for utilizing an appeal to an oversight agency should be expedited. The oversight agency should have a short period set by law to issue a final ruling on any docketed appeal, and a process for requesting immediate rulings on simple issues in less than the period set by law. The oversight agency should have discretion on granting any request for a hearing, and/or conduct a confidential in camera review.

7) The existing legal right to initiating an action under the Public Records Act in superior court applies to any person having been denied an opportunity to inspect or copy a public record, and also for an agency or its representative, or a person who is named in the record or to whom the record specifically pertains. RCW 42.56.540 – 550. That existing legal right should be extended for any appeal to an oversight agency by a person denied a record, an agency or its representative, or a person who is named in the record or to whom the record specifically pertains.

8) The costs for using the appeals process of the oversight agency should be minimal or none for filing an appeal, and there should be no award of attorney fees, costs, or penalties to a prevailing party at the administrative level.

9) A ruling by the oversight agency is binding on the parties, enforceable in court, and subject to an appeal and de novo review by a court of general jurisdiction. The oversight agency should not be named as a defendant in any appeal to superior court.

10) Use of the administrative appeals process of the oversight agency should be encouraged to resolve disputes. There may still be a need in emergencies or for other fundamentally apparent reasons to initiate a lawsuit in superior court rather than filing an administrative appeal. A requirement to exhaust an administrative appeal with an oversight agency prior to appealing in superior court would end an existing legal right of the people created by initiative to bring an action directly before an independently elected judge. Therefore a process that allows the option of filing a direct action in superior court should be retained.

11) Adequate funding is vital to allow any oversight agency to successfully perform its work. Funding should be from a dedicated source.

While an administrative appeals option should be pursued, WPC believes it is very important that the right of citizens to go directly to court for relief not be infringed. Here is the video of our comments at the October 5 meeting:

Boeing's decision and what it says about Washington's Competitiveness

There's been a lot said over the past twenty-four hours about Boeing's decision to open its second 787 line in Charleston. Naturally, finger-pointing comes next. The Governor is dismayed, senators and representatives are now chiming in. This sure isn't pretty; hanging out in the loser's circle never is.

But OK, what now? Policymakers just got slapped upside the head by a corporation based out of Chicago. Boeing officials looked at Washington and sized us up and looked at Charleston and sized them up. They made a business decision and we lost. That should say something about what we are offering the business community.

Of course there is an internal labor/management dynamic that the state can't influence. Or can it? South Carolina is a right-to-work state, where workers do not have to be members of a union as a condition for employment (a novel concept). Of course, this will never fly in Washington state -- just as long as we're prepared to lose business over it apparently. Should we have the discussion on mandatory unionization if that is truly one of the big causes for Boeing's decision yesterday? If so, then the question really is, why shouldn't we discuss it?

There are many reasons why some states are more competitive than others. Some reasons cannot be helped -- natural resources and open-water access are some of the reasons why Washington is more competitive in lumber, shipping, and agriculture than, say, a Midwest state. Likewise, it would be a bit of a challenge for Washington to compete with Florida over oranges, or Alaska for oil or Louisiana for catfish.

However, beyond natural resource advantages, policymakers and entrepreneurs can make a difference in how a state is perceived viz a viz business friendliness or an infrastructure for innovation. Those are intangibles not decided upon by nature. Microsoft didn't grow and succeed here because of the air, water or lumber. Neither did Boeing, Amazon, T-Mobile, Costco, UPS or most of the other of hundreds of thousands of businesses that were founded in this state. 

This is just the type of issue we'll talk about at Washington Policy Center's 2009 Statewide Small Business Conference. We'll talk about the things that policymakers can control and can improve upon to make our state more attractive to people. Because that seems to be getting lost in the discussion. Businesses don't make these decisions, people make these decisions, often based upon what's best for the company so that it can continue to offer goods or services to its customers -- who just happen to be people as well.

Join us on November 10th at the SeaTac Hilton for discussions on competitiveness, health care, our state's tax system, workers' compensation, unemployment insurance, environmental regulations and more, including sessions on how to survive in this economy and why it's important small business owners remain involved in the political realm.

Find out more information or register online here.

Vanpool Fact-of-the-Day #29

In its long-range regional transportation plan Destination 2030, the Puget Sound Regional Council estimates that regional Vehicle Miles Traveled (VMT) is trending toward 98 million miles per day by 2030. This means vanpools could reduce VMT in the Puget Sound by between 4.2 percent and 9.3 percent.

Dow Constantine is Lying about Class Sizes

In a new T.V. advertisement King County Executive candidate Dow Constantine attacks Washington Policy Center (WPC), claiming WPC’s Policy Guide for Washington State recommends increased class sizes.

Like other claims Constantine makes in the ad, this is false.  On page 137, the Policy Guide says:

“Recommendation:  Remove restrictive class size requirements and other legal restrictions to allow more flexibility and innovation in spending education dollars.  Reducing class sizes has not resulted in improvements in student learning, as education advocates promised.  Instead, policymakers should remove legal restrictions which micro-manage schools, and let local principals implement the kind of learning program that works best for their students.”

Washington Policy Center does not recommend increasing class sizes.  The Policy Guide presents data showing teacher quality, not class size, is the primary driver of learning excellence for students:  “Research consistently shows that placing an effective teacher in the classroom is more important than any other factor, including class size, in raising student academic achievement” (page 138).

Constantine has refused to return phone calls from WPC President Dann Mead Smith.  He has also refused to respond to a public correction issued on October 13th, to a formal letter sent to him on October 26th, or to a statement released on October 27th.

Washington Policy Center is the state’s premier independent think tank.  As a non-profit, non-partisan research and education organization it does not endorse or oppose candidates running for public office.

Dow Constantine is lying about Washington Policy Center in his political campaign to win a hotly-contested race for King County Executive.

In a statement issued today, WPC President Dann Mead Smith said “we don’t get involved in election politics, but we can’t remain silent while a major public figure tells lies about our research work.”

Dow Constantine is Lying about Washington Policy Center

In a new T.V. advertisement King County Executive candidate Dow Constantine renews his attack on Washington Policy Center, claiming WPC’s Policy Guide for Washington State opposes green energy jobs. 

Constantine’s claim is false.  WPC’s research shows that policymakers should be aware that efforts to create jobs by promoting green technology may be offset by jobs losses in other economic sectors.

On page 75 the Policy Guide says:

“Recommendation:  Discard arbitrary jobs targets in favor of focusing on the real goals like reducing greenhouse gas emissions or increasing energy efficiency.  Any economic analysis of climate policy should include all economic impacts, not just increasing jobs in favored ‘green’ sectors while ignoring economic sectors that are likely to lose jobs.”

The Policy Guide says creating green jobs may be worth the economic cost, and that “...policymakers should make decisions based on an honest assessment of the costs and benefits of these policies...”

Constantine has refused to return phone calls from WPC President Dann Mead Smith, and he did not respond to a public correction issued on October 13th, or to a formal letter sent to him on October 26th.

In a statement issued yesterday, Dann Mead Smith said he has just one message for Dow Constantine: "Stop airing this false ad and stop lying about Washington Policy Center."

Vanpool Fact-of-the-Day #28

Without any onerous government regulations, social engineering or loss of mobility, vanpools could reduce regional Vehicle Miles Traveled (VMT) by between 4 million to 9 million miles per day by 2030.

Vanpool Fact-of-the-Day #27

By 2030, vanpools could eliminate 84,752 cars from the roadway, or 4.8 percent of all work related traffic in the Puget Sound region every day.