JLARC: Survivor public‑records exemption used infrequently; AG to issue clearer guidance to agencies

The Joint Legislative Audit and Review Committee reviewed a proposed final report July 16, 2025 on Washington’s public records exemption for at‑risk public employees who are survivors of domestic violence, sexual assault, stalking or harassment and approved the report for distribution.

JLARC staff Jill Satren told the committee that agencies do use the exemption but in different ways: some agencies request documentation (police reports or restraining orders) before redacting records, other agencies do not; some notify employees about the exemption proactively, others act only when a request arises. Agencies also interpret statutory terms such as "personnel related systems" differently, which can affect the scope of protected information.

The auditors found use of the exemption has had a negligible effect on public access overall, given the large number of public agencies in Washington and the small number of requests recorded. However, JLARC staff said inconsistent implementation can limit protection for eligible employees.

JLARC recommended the Legislature retain the exemption and recommended the Office of the Attorney General provide more detailed guidance and training tailored to public records officers, HR staff and local governments. The AGO responded that it concurs and has already begun revising its open government resource manual and will develop additional specific resources for agencies.

The committee approved the report for distribution by unanimous voice vote.