The Washington Coalition for Open Government is presenting Lincoln County Commissioners a "Key Award" for their resolution requiring the county's collective bargaining agreements to be decided in open meetings. Key Awards are bestowed by the coalition "to individuals and organizations for actions that advance the cause of open government." I nominated Lincoln County for the open government award for becoming the first government entity in the state to open the doors to these previously secret union contract talks. 

According to the Lincoln County resolution: 

"From this day forward, Lincoln County shall conduct all collective bargaining contract negotiations in a manner that is open to the public; AND Lincoln County shall provide public notice of all collective bargaining negotiations in accordance with the Open Public Meetings Act (RCW 42.30.060 - 42.30.080) . . ."

Editorializing in favor of Lincoln County's transparent approach the Spokesman Review wrote: 

"Bargainers say an open process would politicize the process and prevent frank discussions. These arguments are unpersuasive. It’s already a political process, with the heavy influence of unions on the minds of governors, mayors and commissioners seeking re-election. The people left outside the door are paying for the decisions made by those inside. And we highly doubt honesty would go by the wayside if the public were watching. More likely, it would be cringe-inducing negotiating points that would go unspoken . . . The key question for government is: Do you trust the public? If the answer is no, don’t expect it in return."

Unfortunately the public employee unions are fighting this move to open government and have filed an "unfair labor practice" against the Lincoln County Commissioners saying the transparency resolution violates state law because the union didn't agree "to make public all future collective bargaining negotiations." 

Though disappointing, this union attempt to stop contract transparency from ever taking place is not unexpected as explained by former Attorney General Rob McKenna: 

"The unions are hoping the threat of legal action will be enough to get the county to back off the open negotiations idea. In a small county like Lincoln with a limited budget, it might work. The county doesn’t have a lot of money to spend defending itself. Commissioner Coffman told Madsen, 'The feedback from county residents has been positive, and my principle isn’t going to change, but if it comes down to we don’t have the money to fight it, that will be it.' To the unions involved, this fight goes far beyond little Lincoln County – the smart money is on a full-fledged legal assault, not quiet acceptance of the idea that the public should get to peek behind the curtains of employee negotiations."

Explaining the legal history behind this issue, Allen Hayward, who served 34 years as a senior legal counsel for the Washington State House of Representatives, recently wrote: 

"When the union’s open meetings argument is quickly dismissed for the fraud that it is, union leaders will then say that requiring open public meetings during bargaining sessions is an unfair labor practice. Really? Open and transparent government is an unfair labor practice? Certainly, laws can be strange, so before simply dismissing the unfair labor practice claim, we should look at the state labor law found in Chapter 46.51 RCW. The specific section of law dealing with unfair labor practices can be found at RCW 41.56.140. There is nothing, in the labor law which says that sunshine is an evil or unfair thing. Again, I salute the Lincoln County commissioners for having the courage to stand up for open and transparent government. It would be a very good day if every local government in the state would assert its right to hold bargaining sessions which are open to the public. It would be better for voters to demand it."

Agreed. Government unions should not fear the opportunity to make their contract demands in public directly to the taxpayers they expect to pay the bill. 

Updated 10/28

PERC has rejected the union complaint against Lincoln County for its contract transparency resoulution. Here is PERC's letter. More details to come. 

Additional Information
Lincoln County adopts collective bargaining transparency
Little Lincoln County seen as big threat to union secrecy 
Unions vs. Lincoln County – who’s afraid of open meetings? (Spokesman Review op-ed) 
Lincoln County leads way on government transparency (Spokesman Review editorial) 
Lincoln County showed the courage to stand for transparency (Tri-City Herald op-ed)