This newsletter was distributed to Sen. Mike Padden’s subscribers on Feb. 11, 2016. To subscribe to Sen. Padden’s newsletters, click here.

Friends and neighbors,

This has been a busy time at the Capitol. Some of it is the ordinary business of a legislative session, as action moves to the House and Senate floors. But increasingly our attention has been occupied by a series of management failures in state government.

The Senate has launched an independent investigation of a serious case of mismanagement in the Department of Corrections – the improper early release of more than 3,200 prisoners. Already an effort to reach out to Corrections employees has generated a flood of responses. And last week, just as our efforts were getting under way, Corrections Secretary Dan Pacholke surprised us all by announcing his resignation.

Meanwhile, the Senate took a dramatic vote Friday to reject the nomination of Transportation Secretary Lynn Peterson, who failed to improve confidence in the Department of Transportation during the three years she has held the office.

These problems at Transportation and Corrections are among a number of management crises that have emerged this year. Others include a looming half-billion-dollar deficit at the state Health Care Authority and a possible loss of certification at our state mental hospitals. These crises demonstrate why we need an independent Legislature to watchdog the executive branch. This week, I’ll tell you a little more about what we are doing in this regard.

 

 

 

Corrections probe continues

Our investigation of the Department of Corrections was just getting under way when Secretary Pacholke abruptly announced his resignation last Saturday. With intemperate words, he objected to the Senate’s investigation of the Department of Corrections – he called it a matter of ‘bloodlust.’

It was an inappropriate reaction to an investigation that is wholly warranted and will be held to the highest standards of probity and transparency. Lest anyone think this is a trivial matter, remember — at least two people are dead because of the agency’s mistake, killed by inmates who were released early, according to police. The agency knew of the problem, yet continued to release prisoners. It is one of the worst cases of mismanagement the state has seen, and everyone from the governor down has acknowledged we need to get to the bottom of it.

As chairman of the Senate Law and Justice Committee I am directly involved in this inquiry. Soon this panel will launch a series of hearings to gather testimony from witnesses in public, under oath. We have hired an attorney to oversee the investigation, and his firm has been poring over 54,000 pages of documents received so far. We have asked Corrections workers for their perspectives, recognizing frontline workers are often the wisest critics of their agency’s performance. Less than a week after its launch our FixDOC program has received 400 responses.

Pacholke’s resignation means even more turmoil at an already-troubled agency. It is unfortunate that some have reacted with bitterness and resentment as the Legislature performs a most necessary task.

Making a necessary change at DOT

Last Friday, the Senate took another step toward holding state government accountable — by firing Transportation Secretary Lynn Peterson. Frustrations with the state Department of Transportation have been building for some time, over the troubled Seattle tunnel project and the botched implementation of a toll-lane program on Interstate 405. Stories of bungled projects, cost overruns and relentless mismanagement were commonplace during the three years Peterson held the office. Confidence in her abilities dwindled even as the Legislature last year entrusted the Department of Transportation with a $15 billion program. Something had to give.

In 2003, the Legislature gave the governor the right to appoint the transportation secretary, and part of the deal was that the Senate was granted the right to confirm or deny the appointee. In this rare instance, the Senate used its authority to say no. Some of our colleagues objected, but not even Peterson’s defenders have been able to argue that DOT’s record has improved.

This case illustrates the gulf between Olympia and the rest of the state. An Associated Press/KOMO-TV poll indicated 77 percent of Washington voters supported the move. Not only had DOT lost the Legislature’s confidence, it had lost the people’s. Our vote was a regrettable but necessary action to restore public faith.

Transgender ‘bathroom bill’ gets vote in Senate

We had one major disappointment this week – a bill that would have resolved the anguish of many constituents about bathroom and shower usage failed on the Senate floor by a single vote, 25-24. Senate Bill 6443 would have repealed a new rule from the state Human Rights Commission allowing persons who consider themselves transgendered to use the facilities of their choice. Essentially the rule allows those of male anatomy to use women’s restrooms, showers, locker rooms and other facilities, and vice versa. Yet there is no requirement that these individuals be undergoing a medical process of changing sex. This poorly devised rule erodes privacy rights and demonstrates a lack of sensitivity to female victims of sexual violence.

Meanwhile, we have reached the “cutoff” point of the session – most bills that will receive further consideration had to pass committees by this point. We passed a number of notable bills in the Law and Justice Committee. They include Senate Bill 5880, the Washington Human Trafficking Reporting Act. The measure would create training programs for law enforcement and social service workers to assist trafficking victims.

We took steps to improve transparency at the Department of Corrections by passing SB 6154, which would establish an ombudsman’s office within the agency. We also passed SB 6621, which prohibits abortions for purposes of sex selection – a small but real problem in this country, truly sex discrimination of the very worst sort.

Thanks to Blake Dickinson for serving as a Senate page!

This week’s page is Blake Dickinson, a sophomore at University High School in Spokane Valley. Blake has a strong interest in social studies and is enjoying learning the legislative process from the inside-out. It is my pleasure to sponsor such an eager and engaging young man from the 4th District as a Senate page.