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<< Previous   of   Next >>   ADVERTISEMENT   CONTACT THE HERALD Robert Frank, City Editor frank@heraldnet.com   Published: Sunday, November 1, 2009 Court of Appeals rules Monroe is at fault for not releasing officials’ e-mails in 2005 By Andy Rathbun Herald Writer MONROE — An open government activist scored an expensive win against City Hall in her long-running battle for documents. The state Court of Appeals issued a ruling Monday, saying Monroe officials and a Snohomish Superior Court judge erred when they deprived Meredith Mechling of e-mails from 2005. The e-mails themselves may be of little use. Mechling was investigating a threat to the city ethics board, a topic since resolved. However, since Monroe violated the state’s public records law, it could be on the hook for attorney fees and other penalties, a sharp slap on the wrist. “Did the city accomplish some kind of a goal by withholding information?” asked Toby Nixon, president of the Washington Coalition for Open Government. “Maybe so, but it was at quite a price.” Mechling’s bills are at least $80,000, said her attorney, William Crittenden of Seattle. That doesn’t include other expenses: the cost of Monroe’s legal staff and penalties for holding onto the information. A few points in the case linger. Monroe officials said they could appeal the decision, but haven’t decided on a course of action. Additionally, the amount owed to Mechling will be set by a judge. The issues began in March 2005. Mechling sought e-mails between council members related to the ethics board, then a hot topic. She feared the council was debating the board online. After collecting e-mails, city staff withheld some, citing attorney-client privilege, and blacked out information in others, since they were sent from personal accounts. On both counts, they made a mistake, the three-judge panel ruled. The use of personal accounts to discuss public business highlights a big lesson in the case, Nixon said. “They should figure out from this that that’s not a good idea, and they should use government resources for government purposes,” he said. Mechling is the wife of former Councilman Marc Mechling and current treasurer for Mayor Donnetta Walser’s campaign. She has not discussed the particulars of the case with City Council, staff or Walser, she said. Robert Zimmerman, Walser’s opponent in the Nov. 3 general election, questioned their connection, however. Zimmerman, who was still a councilman in 2005, called the decision a potentially positive step that could open up government. “It was very unclear about what should or should not have been done,” he said of using personal accounts. “This is a learning experience for council.” Walser said the city has improved its ability to deal with public records since 2005. She said she didn’t play a part in Mechling’s decision to pursue the case. “Whether you agree with it or not, obviously she (Mechling) does what she thinks is best, and she knows the system,” Walser said. Mechling saw worth in the ruling, even though the city stifled the e-mails when they were relevant. “Obviously when it takes four years or more to get the records you ask for, it makes the information of much less value,” Mechling said. “So at this point, it’s more a victory for people in the future.” Andy Rathbun: 425-339-3455, arathbun@heraldnet.com. READER COMMENTS Log in or register to post new comment | Log out Facts are stubborn things The spin on this little issue is dizzying. I was there, I know how this went down. Every single Councilmember turned over every single email they had to the Mayor and her staff. What was at issue was some other information that was redacted from the emails that the plaintiff wanted to see. Not the content of the emails, mind you. Private info that the Attorney General, and every other City and County in the state, agreed at the time could and should legally be redacted. To be blunt, the fault lies with a state legislature who should have clarified the law rather than rely on courts to create caselaw because no legal standard existed. Remember this latest decision comes from an appeal. The first several decisions all went against the plaintiff. I for one am glad it's resolved. The most important issue is that there be a clear legal standard so everyone is playing by the same rules. It would be nice if the City Council would start having hearings on the Open Government Ordinance I proposed two years ago. That would prevent these issues from ever becoming a problem ever again because every public official would have their emails posted on the City website in real time. If these shrill voices care so much about open government, how about supporting the Open Government Ordinance and letting real sunlight shine into city government? Chad Minnick | Nov 2, 2009 5:44 pm | 0 replies | View all | Post reply | Request removal get over it Some people like "whitebear" just can't move on, can they? 2007 was the last time Berger or Minnick served in Monroe. Move on already. Hey "whitebear", speaking of the pot calling the kettle black, you seem eager to point out others criticism, yet you are party to the criticizing yourself. Fortunately Monroe has a chance to see an end to blatant conflicts of interest once and for all by electing a new mayor. No more visits to psychics, no more old-boys (and girls) network. Hopefully we've seen the last of it. Furcryin Outloud | Nov 3, 2009 3:59 pm | 0 replies | View all | Post reply | Request removal I was there to I was there to,so quit blaming everyone else Tell us again why you are not on the council anymore? Oh thats right you got replaced by a woman the citizens could count on amd trust. Truth morals and ethics won. We know who went down whitebear | Nov 3, 2009 8:23 am | 0 replies | View all | Post reply | Request removal Thats the pot calling the kettle black Chad own up to your part in this you got caught the city attorneys tryed and failed to cover your behind along with others.The Mayor had nothing to do with what happened. A court of law said so. You can blame the current Mayor.But it does not make it true. Say what you want you have the right to blame others for the mess you caused as a late and replaed councilmember. Need not reply whitebear | Nov 2, 2009 1:10 pm | 0 replies | View all | Post reply | Request removal (No heading) "The City needed to learn a lesson, to that point I agree. The City does too much in secret, to that I also agree." Key words Secret amd lesson Laws are set up to protect the public. Zimmerman,Minnick and Berger broke the law and some how in some twisted way you blame Mrs. Mechlimg for the buget short fall. If you really believe what you wrote, then you are not as intelligent as you hoped(note not sacasm) whitebear | Nov 2, 2009 8:44 am | 1 replies | View all | Post reply | Request removal Call a spade a spade City Councilmembers ALL turned over every single email to the Mayor and City Attorney. Every step of the way the release of documents was done under the direct supervision of the Mayor. For Walser's campaign chair to sue the City because she wanted private email addresses and information from citizens who contacted City Councilmembers was nothing more than harassment. The fact that it was Walser who hid her relationship with the plaintiff until the last few months is incredibly telling. Let me get this straight. The Mayor refuses to release information. Her good friend and political ally sues the City of Monroe. Friend wins lawsuit and costs Monroe taxpayers more than $100,000 in legal fees. Sounds like a good way to make some money. You too, can make some money off taxpayers if you get friends in high places to set it up for you. Sounds like Mrs. Walser has learned a thing or two from her husband, "Felony Fred" Walser, who was convicted last year of lying to investigators and senteneced to a (suspended) year in jail. And to set the record straight, the Council and Mayor had every opportunity to implement the Open Government Ordinance I sponsored that would have published every email to and from a public official on the City's website. Why did that Ordinance die, with not another hearing allowed after I left the City Council? Chad Minnick | Nov 2, 2009 10:03 am | 0 replies | View all | Post reply | Request removal Monroe is at fault Flip Flop Now Mr.(I'm runing for Mayor) Zimmerman wants the public to believe that he is for open government "Zimmerman, who was still a councilman in 2005, called the decision a potentially positive step that could open up government." What he doesn't want you to remember is that in 2005 it was Chad Minnick,Ken Berger and Robert Zimmerman who thought they could use e-mails to talk about getting rid of the ethics board. Thanks to Mrs. Mechling that did not happen whitebear | Nov 1, 2009 3:16 pm | 1 replies | View all | Post reply | Request removal City of Monroe Let me be the first to officially thank Mrs. Mechling and the Walser Campaign(note sarcasm). If you believe in the last statement, you may not be as intelligent as I hope. The City of Monroe is in a current budget shortfall that has cost the jobs of very hard working and wonderful people. The City of Monroe is providing less services due to less money. Employees have given their own money (furloughs and give backs) out of their paychecks to keep the books balanced. Now, according to the Herald the cost for the attorneys alone will be about $80,000 not counting the penalties and other monies. How many more hard working people will be out of a job now Mrs. Mechling? Will you be donating money to the families of the unemployed? Will the campaign you are working for promise no layoffs or paycuts? I think not. The City needed to learn a lesson, to that point I agree. The City does too much in secret, to that I also agree. However, you have now hurt the ones who don't make the decisions. You are hurting the citizens and the employees that serve you. Shame on you and shame on the Mayor for having you be part of her campaign. I am sorry at using the anonymous name. I know this administration too well. If I don't, it will cost me dearly. Robert Smigel | Nov 1, 2009 7:58 pm | 0 replies | View all | Post reply | Request removal

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