- Washington State Patrol agreed to pay $340,000 to settle allegations it deleted or withheld records related to firing employees who refused COVID-19 vaccine mandates.
- Former troopers and detectives accused the agency of using an “unconstitutional policy of automated deletion of chats.”
- An internal memo from Patrol Chief John Batiste instructed employees to delete work-related texts “promptly after they have served their intended purpose.”
- 132 WSP employees lost their jobs over the mandate, including 70 troopers.
- Settlement comes amid broader scrutiny of Washington agencies’ use of auto-deletion policies during and after the pandemic.
The Washington State Patrol agreed on May 21 to pay $340,000 to settle allegations it destroyed or withheld text messages, emails and other public records connected to the firing of state troopers who refused then-Gov. Jay Inslee’s COVID-19 vaccine mandate. The case, which emerged from public records requests filed between August 2022 and April 2024, centers on whether the agency deliberately erased communications that could have shed light on the termination of 132 employees—including 70 troopers—during one of the most contentious public health measures in modern Washington history.
The “transitory” communication loophole
At the heart of the allegations was an internal email from Patrol Chief John Batiste instructing employees that work-related text and chat communications “must be limited to transitory communications only and shall be deleted promptly after they have served their intended purpose.”
Plaintiffs—former troopers who called themselves the “WSP Transparency Task Force”—argued this policy encouraged employees to destroy messages even after the agency was legally required to preserve them for lawsuits or investigations. Under Washington law, knowingly destroying or concealing government-related electronic communications can constitute a class C felony.
The agency maintained the policy distinguished between temporary and permanent records, a distinction not unusual in government. But critics questioned how records staff could determine whether deleted messages contained meaningful public business, especially during active litigation.
Broader pattern of deleted records
The settlement is the latest in a series of records disputes within the Washington state government. In 2021, Washington Technology Solutions implemented a statewide policy automatically deleting Microsoft Teams messages after seven days. The policy gained attention in 2023 when news reports revealed governor’s office agencies had adopted the practice.
In February 2026, the Washington Court of Appeals upheld the dismissal of a separate lawsuit against the state over deleted messages connected to a McClatchy reporter’s public records request. Earlier that year, Gov. Bob Ferguson suspended the auto-deletion policy following a $225,000 settlement involving the Department of Children, Youth and Families over destroyed government records.
What the settlement does not prove
The settlement does not establish guilt or unlawful destruction of evidence. Governments often settle records disputes to avoid litigation costs and uncertainty. However, agencies rarely pay hundreds of thousands of dollars if the matter is viewed as entirely insignificant.
Under the agreement, plaintiffs withdrew pending records requests related to the vaccine mandate and agreed not to pursue future litigation over previously requested mandate records. The settlement included $4,000 in attorney fees and mediation costs.
The broader lawsuit against Inslee—filed in September 2021 by more than 90 people, including 53 WSP employees along with corrections workers, firefighters and ferry employees—remains ongoing.
The vaccine mandate’s legacy
Washington’s October 2021 vaccine mandate required most state employees, healthcare workers and school staff to be fully vaccinated or lose their jobs. The mandate sparked immediate legal challenges, with roughly 600 public employees—including the state fire marshal—joining the lawsuit within weeks.
Supporters argued emergency pandemic conditions justified aggressive public health action. Opponents contended many governments crossed constitutional boundaries while suppressing dissent and limiting transparency.
Beyond vaccines, institutional trust
The central issue is no longer simply vaccines. It is institutional trust. During COVID-19, governments demanded extraordinary public compliance while simultaneously expanding emergency authority. In that environment, records preservation becomes more than bureaucratic housekeeping—it becomes democratic accountability. When communications disappear, suspicion expands into the vacuum. The $340,000 settlement does not prove a criminal conspiracy, but it raises serious questions about whether Washington state agencies systematically obscured the human cost of their pandemic policies.
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