8/11/25 New Investigation Disclosure Requirements for State and Local Agencies in Washington State

August 11, 2025

By Andrew Schpak & Xavie Davenport

A new Washington Bill alters the requirements for disclosure of public records connected with workplace investigations. House Bill 1934 modifies the existing Public Records Act, providing that an employing agency may permissively disclose results and documents collected during an investigation, so long as certain confidential information is redacted.

Under the existing Public Records Act, state and local agencies are required to make public records available to the public, unless the record falls under an exemption from the Act’s requirements. Investigative records relating to discrimination or harassment in employment fall under a relevant exemption. Where the exemption under the Public Records Act is permissive, an agency has discretion to disclose what would otherwise qualify as an exempt record.

The amendments to the Public Records Act now require redactions to investigative records where the state or local agency is exercising its discretion to disclose a record that qualifies as exempt. Records remain confidential in their entirety while an investigation is active and ongoing. Now, after the agency has notified the complaining employee of the outcome of the investigation, the records may be disclosed only if the names, images, employee agency job titles, email addresses, and phone numbers of complainants, other accusers, and witnesses are redacted. Audio recordings may be released so long as voices have been altered while retaining inflection and tone.

Prior to the release of such records, state and local agency employers must inform a complainant, accuser, or witness that their information will be redacted from the investigation records and their voice will be altered on any audio recording, unless the complainant is a government official. As an exception to the redaction requirement, a complainant, accuser, or witness may consent to the disclosure of their own personal information. If an elected government official is a complainant, the name and title of the individual is not to be redacted from the investigatory records.

We are here to help. For guidance on the new disclosure requirements, or for advice concerning workplace investigations and compliance, contact Andrew Schpak, at aschpak@barran.com, or 503-276-2156.