Complaint Opinion 03-03
Date
08/21/2003
Number
03-03
Topic
Public records request - retaliation - jurisdiction
Respondent
Sen. Jim West
Question/Complaint
The complaint alleged that respondent failed to discipline staff, failed to comply with public records request, and retaliated against staff and senators.
Summary
There is no provision in the Act which addresses a legislator's failure to discipline an employee for improper e-mail use which does not involve either the employee's use of public resources for political campaigns or the improper receipt or delivery of any thing of economic value. The Superior Court is the proper forum for appealing Senate decisions denying or restricting access to records requested by an individual under the Public Records Act. Under these facts, claims of retaliation and intimidation are workplace issues not within the jurisdiction of the Board. RCW 42.17.340, 42.17.341 and 42.52.320(1). Dismissed for lack of jurisdiction.