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Washington state’s governor is allowed to claim “executive privilege” as a reason to withhold documents from the public even though that exemption isn’t among the hundreds listed in state law, the state Supreme Court ruled Thursday.

In an 8-1 decision, justices said the governor’s office has an inherent privilege as a result of the constitutional separation of powers.

“The executive communications privilege plays a critical part in preserving the integrity of the executive branch,” wrote Justice Mary Fairhurst in the majority opinion. “Courts have widely recognized that the chief executive must have access to candid advice in order to explore policy alternatives and reach appropriate decisions.”

Justices did provide some qualifications in their decision, saying the privilege only applies to communications made to inform policy choices, although it is largely left up to the governor’s office to privately interpret what documents would fall into that category. The court also said a person requesting public records can argue that the need for the material outweighs the public interests served by protecting the communication.

“The privilege does not exist to shroud all conversations involving the governor in secrecy and place them beyond the reach of public scrutiny,” Fairhurst wrote.

In the only dissenting opinion, Justice James Johnson said the majority ruling essentially amended the state constitution and a voter-approved initiative that established public disclosure law decades ago.

“The majority ignores our state’s constitution, statutes, and populist tradition and does great damage to over 120 years of open government in Washington,” Johnson wrote. “It is not alarmist to say that this decision could place a shroud of secrecy over much government conduct, unless changed by a wiser court, electorate, or legislature.”

The administration of former Gov. Chris Gregoire cited executive privilege as a reason to keep documents on hundreds of occasions. The Freedom Foundation, a libertarian think tank, first brought its lawsuit on the issue after Gregoire’s office used that reasoning to withhold records related to the Alaskan Way Viaduct replacement, medical marijuana and criminal pardons.

An attorney for the Freedom Foundation had argued that executive privilege isn’t a legitimate exemption and that the governor was using it to keep a broad range of documents secret. The court disagreed.
State law has long emphasized the value of disclosure and says the laws should be liberally construed to favor transparency.

“The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know,” state law says. “The people insist on remaining informed so that they may maintain control over the instruments that they have created.”

Johnson said he agreed that the governor must have access to candid advice but notes that state law already has hundreds of protections, including exemptions for things like preliminary drafts, notes and recommendations in which opinions are expressed or policies are formulated.

Johnson also disputed that the governor’s office would need as much secrecy as the president of the United States, which deals with issues such as war and national security. And he said concerned citizens will now have to bring difficult and expensive lawsuits in order to get a closer look at the state government.

“This ruling likely will not destroy our democracy, but it will affect its legitimacy in the eyes of the citizens of this state which is a start in that direction,” Johnson wrote.

Current Gov. Jay Inslee has said he does not intend to exercise the executive privilege exemption unless it was explicitly provided by the Legislature or a vote of the people.

Still closed: Both directions of the Highway 520 floating bridge and  all ramps between Montlake Boulevard in Seattle and I-405 in Bellevue are closed until 5 a.m. Monday for construction work.

What’s cooking: In Fremont today, it’s barbecue. The Fremont BBQ Extravaganza, touted as Seattle’s largest BBQ competition, runs from 10 a.m. to 11 p.m. at the corner of Dayton Ave. and 36th Street.  The competition is sanctioned by the Northwest BBQ Association. Twelve teams will be cooking up their best meat to win $2000 in prize money and a BBQ Smoker.  Pete’s Fremont FirePit and Roxy’s Diner will be serving up some smoked favorites. Judging will be  in The Backdoor where the  beers from five local breweries will be available.  For a $20 ticket, each of five breweries will present four-ounce tastings of two of their best beers.  Proceeds for the Fremont Arts Council Solstice Parade.

Breast cancer: Approximately  9,000 walkers and runners got serious today about breast cancer, participating in the Susan G. Komen’s Race for the Cure starting at the Seattle Center and winding through downtown on Second Avenue to Spring Street. Former Gov. Christine Gregoire was walking with family and former Cabinet members in memory of Eva Santos, the state human-services director under Gregoire. Santos died of breast cancer in December at age 56.

More cancer awareness: A geneticist at the University of Washington is the star in a movie about breast cancer. Well, maybe that should be Helen Hunt will be the star portraying Dr. Mary-Claire King in “Decoding Annie Parker.” You could even say that Samantha Morton, portraying Annie Parker, is the star. But King’s work in decoding the gene that leads to increased risk of breast and ovarian cancer has to be considered stellar. Two screenings of the movie this week.

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Firefighters contain a structural fire in a charred field as the Taylor Bridge wildfire continues to burn northwest of Thorp. (Photo by Ken Lambert / The Seattle Times) See more photos →

Fire crews could have the Taylor Bridge Fire 25 percent contained by the end of the day, a cautious fire official said late this morning.

“I think we’re going to make some significant gains in containing the fire today,” said fire incident commander Rex Reed.

Reed said he is “cautiously optimistic that we might be in the 25 percent contained range by the end of today.”

Fire crews will be focusing on the neighborhoods around Dry Creek and Bettas Road, he said.

The wildfire continues to swallow up most everything in its path and the threat to homes remains high.

In particular, homes in the Sunlight Waters and Hidden Valley subdivisions, as well as several homes scattered elsewhere, are in danger.

The number of homes destroyed by the fire ranges from 60 to 70, fire officials are now saying. Meanwhile, Reed said some evacuees in other areas are being allowed to return to their homes.

Fire crews are using bulldozers and shovels to create a perimeter between the fire and land that has not burned, Randy Shepard, a fire information officer, said this morning. Ten helicopters and two air tankers are available with water and fire retardant.

About 800 firefighters are now on the ground, up from 500 yesterday, he said.

They will have an uphill battle. Only 10 percent of the fire is contained and it will be another hot day.

Jeremy Wolf, a meteorologist with the National Weather Service in Spokane, said that, fortunately, the high winds that have been fanning the flames have quieted down. He said temperatures in the area will be in the mid- to upper 80s today.

“The lighter wind speeds is good news for sure,” Wolf said. “But  it’s still going to be hot and dry out there.”

Firefighter Charlie Gnegy, left, helps to carry a tent out of a misty field before heading out on duty for the third day of the Taylor Bridge Fire Wednesday. (Photo by Jordan Stead / The Seattle Times)

In all, the fire has spread over about 40 square miles.

Estimates vary on the number of people who have been evacuated, ranging from 400 to about 900 people. Some people are staying put, trying to save their homes by whatever means they have — borrowed bulldozers, water from swimming pools and hand shovels. There have been moments of success, but too often the fight has been lost.

“There has been considerable public traffic in the fire area. We ask the public to stay out,” Shepard said.

During a news conference yesterday, Department of Natural Resources commissioner Peter Goldmark called the wildfire an “explosive, dangerous situation.”

“We’re doing our best to bring it under control,” said  Goldmark, who toured the area Tuesday.

He said Washington fire crews, so far, have faced the blaze without regional support because of other fires in the West. “We’re kind of on our own,” he said. “There’s nobody else to turn to.”

Gov. Chris Gregoire declared a state of emergency for Kittitas and Yakima counties, making available additional resources, including Washington National Guard helicopters. Shelters have opened in Cle Elum and Ellensburg, though few people have sought refuge there.

State Sen. Rodney Tom expressed frustration tonight at the pledge by Gov. Chris Gregoire, a fellow Democrat, to veto any bill that authorizes charter schools in Washington state.

Tom, D-Bellevue, is one of three senators who have broken with their party to endorse a budget plan advanced by the minority Republicans. A proposal unveiled by them and Republicans this morning included a provision for a limited number of charters, an idea rejected by Democratic leaders.

Asked tonight whether charters will be a major factor in his budget vote, Tom said the two policies are unrelated. But he reiterated his strong support for charters, public but independent schools that use unconventional techniques — often including the hire of nonunion employees.

Tom noted that the original GOP budget he supported two weeks ago did not include a charter provision.

Democrats and leaders of the state teachers union criticized the move to reignite the charter debate.

“Funding smaller class sizes for our youngest children should be a higher priority than squandering taxpayer money on failed charter school schemes that voters don’t want,” union president Mary Lindquist said.

But the strongest criticism came from Gregoire, whose emphatic veto threat seemed to kill — again — any chance of charters. Still, Tom floated the idea of placing a referendum clause in the bill that would instead send the issue to voters.

He called Gregoire’s veto threat “unfortunate.”

“I’d like to think the governor would want to go down as an education champion and not someone who does whatever the teachers union wants,” he said. “It just dumbfounds me how locked in the status quo we are in Olympia.”

State Sen. Rodney Tom expressed frustration tonight at the pledge by Gov. Chris Gregoire, a fellow Democrat, to veto any bill that authorizes charter schools in Washington state.

Tom, D-Bellevue, is one of three senators who have broken with their party to endorse a budget plan advanced by the minority Republicans. A proposal unveiled by them and Republicans this morning included a provision for a limited number of charters, an idea rejected by Democratic leaders.

Asked tonight whether charters will be a major factor in his budget vote, Tom said the two policies are unrelated. But he reiterated his strong support for charters, public but independent schools that use unconventional techniques — often including the hire of nonunion employees.

Tom noted that the original GOP budget he supported two weeks ago did not include a charter provision.

Democrats and leaders of the state teachers union criticized the move to reignite the charter debate.

“Funding smaller class sizes for our youngest children should be a higher priority than squandering taxpayer money on failed charter school schemes that voters don’t want,” union president Mary Lindquist said.

But the strongest criticism came from Gregoire, whose emphatic veto threat seemed to kill — again — any chance of charters. Still, Tom floated the idea of placing a referendum clause in the bill that would instead send the issue to voters.

He called Gregoire’s veto threat “unfortunate.”

“I’d like to think the governor would want to go down as an education champion and not someone who does whatever the teachers union wants,” he said. “It just dumbfounds me how locked in the status quo we are in Olympia.”

The Washington Senate this afternoon overwhelmingly passed a compromise bill to change how the state’s public school teachers are evaluated.

The legislation, approved 46-3, has been the subject of intense debate over the past few weeks, including days of negotiations moderated by Gov. Chris Gregoire.

Substitute Senate Bill 5895 represents a compromise between the business community, Republicans and moderate Democrats, groups who have been pushing for stricter and stronger evaluations that include the use of student test scores, and most Democrats and the state teachers union, advocates of more modest change.

The compromise language requires test scores be used as a factor in evaluations. And starting in the 2015-2016 school year, the evaluations could be used as a factor in personnel decisions.

“This will make a difference in the lives of our children in our schools,” said Rosemary McAuliffe, D-Bothell, in closing the debate on the floor.

McAuliffe is the chair of the Senate’s K-12 education committee.

The bill will now move to the House.

The flags on all state government buildings will fly at half-staff Wednesday in honor of U.S. Marine Corps Sgt. William C. Stacey, 23, of Seattle.

The Roosevelt High School graduate died in Afghanistan Jan. 31 from injuries he sustained from an improvised explosive device.

Gov. Chris Gregoire has directed that flags at all Washington state agency buildings be lowered to half-staff. Other government entities, citizens and businesses are encouraged to join in.

Flags should remain at half-staff until the close of business Wednesday, or first thing Thursday morning.

Seattle Public Schools says it would not be financially responsible to make up two days it canceled earlier this month during the region’s first major snowstorm of the year.

District officials announced Monday that they have requested a waiver from the state Office of the Superintendent of Public Instruction about making up the days, which they say will cost about $500,000 in transportation and nutrition costs.

“This is a difficult decision but we want our students to be in class learning,” spokeswoman Lesley Rogers said. “But given our challenging budget year — adding those two days looks like it would cost about a half million dollars.”

The Tacoma school district is also seeking a waiver, according to the Tacoma News-Tribune.

But acceptance of the waiver request is not guaranteed.

The request’s fate hinges on interpretation of Gov. Chris Gregoire’s winter storm emergency proclamation, said Nathan Olson, a spokesman for the Office of the Superintendent of Public Instruction. The governor is currently conducting damage assessments and will later offer more details on the impact of the proclamation.

A decision could take weeks, Olson said.

If the waiver is not granted, Seattle Public Schools would make up the days at end of the school year.

In all, the winter storm caused three days of school cancellations. One day has already been made up.

The storm also prompted a school day that started two hours late and ended at least two hours early. Seattle Public Schools announced Monday that time won’t be made up.

Some Seattle parents expressed frustration at the missed instructional time.

A 2007 study by two University of Maryland researchers found that the percent of third-grade students passing math and reading tests falls by more than one-half percent for each canceled school day.

Gov. Chris Gregoire followed up on an earlier pledge by announcing today that she was asking the federal government to reschedule marijuana to a drug that can be prescribed and sold in pharmacies.

Rhode Island Gov. Lincoln Chafee, who joined Gregoire on a conference call today, said he will also back the petition to the federal Drug Enforcement Administration to make marijuana a Schedule II drug, which allows for use with “severe restrictions,” putting it in line with such drugs as cocaine, PCP and methadone.

Currently, the Controlled Substances Act classifies marijuana is Schedule I, with no accepted medical value.  The DEA rejected such an idea as recently as July, turning down a petition first filed in 2002 by a coalition of advocacy groups.

In the response, signed by DEA administrator Michele Leonhart, the DEA says it cannot reschedule marijuana because a “material conflict of opinion among experts precludes a finding that marijuana has been accepted by qualified experts, even under conditions where its use is severely restricted.”

Gregoire, in a statement, citied the continuing popularity of the state’s 1998 medical marijuana law as cause to seek rescheduling.

“An ever-growing number of doctors now tell thousands of suffering patients they may find relief from the unique medicinal qualities of cannabis. There is simply no question that pharmacists could safely and reliably dispense cannabis to patients — just as they do for other controlled and more problematic drugs.”

Both Gregoire, a Democrat, and Chafee, Republican-turned-Independent, this year blocked proposals to license and regulate medical marijuana dispensaries, saying they could put state employees at criminal or civil risk of violating federal law. Both governors caught political heat because other states, including Colorado, have regulated dispensaries with no risk to employees.