In Worthington v. WestNET, No. 90037-0, the Washington Supreme Court considered the applicability of the Public Records Act (PRA), chapter 42.56 RCW, to a multiagency drug task force formed by several Washington municipalities and the federal Naval Criminal Investigation Service. Pursuant to Interlocal Cooperation Act (ICA), Chapter 39.34 RCW, the task force was not required to be a separate legal entity and enjoyed limited immunity. When Petitioner sued WestNET for failure to produce records related to a raid on his residence, the trial and appellate courts concluded that WestNET was not a sufficient “something” subject to the PRA, and dismissed the complaint under CR 12(b)(6). The Supreme Court disagreed, holding that the PRA applies if the organization is “functionally equivalent” to a state or local agency. The facts in the record were insufficient to conclude, as a matter of law, that the task force was immune from PRA compliance. An interagency arrangement authorized by ICA cannot frustrate the PRA goal to provide individuals with wide reaching government access.
