Several failures led to county’s $575,000 settlement

Snohomish County recently paid $575,000 to settle a lawsuit alleging that the county committed multiple violations of the state Public Records Act. As attorney for the plaintiff, Citizens for Sustainable Development (Citizens), I would like to add some additional information to supplement the Herald’s article regarding the settlement, “County to settle public records lawsuit for $575,000.”

One of Citizens’ requests sought emails from the county’s Agricultural Advisory Board. In violation of the county’s own policies, the board members used their personal, non-county email addresses to conduct Ag Board business. It is undisputed that these emails were public records, but many of the board members would not turn them over. Although the county’s attorneys repeatedly warned the board members that the county would face significant financial liability if the emails were not provided, many of the board members would not listen. For example, see the Ag Board meetings of March 8, 2011, tinyurl.com/AgBoard030811 and Sept. 11, 2012, tinyurl.com/AgBoard111112.

Under county code, the County Council can remove board members for misfeasance, but no action was taken, then or since. Members of the Ag Board include influential county businessmen Brian Bookey (who provided no emails for approximately 640 days), Dave Remlinger (“Monroe project meets permits, owner says,” The Herald, March, 24, 2011); Mark Craven and John Postema, who resigned in October, 2011.

As a result of the board members’ failure to comply with either the Public Records Act or the instructions of the county’s attorneys, many of their emails were not turned over for nearly two years. Consequently, the county was liable for violating the act, and decided it was preferable to settle rather than risk going to trial.

Citizens also requested emails regarding the county’s Sustainable Lands Strategy, a project that grew out of the county’s obligations under the Growth Management Act. The Sustainable Lands Strategy was launched by County Councilman Dave Somers, see “County Councilman Dave Somers is working to find harmony between farmers, environmentalists and tribes;” The Herald, July 27, 2010.

In violation of county policies, Councilman Somers used his personal, non-county email address to receive secret emails from the county’s land strategy facilitator. In one of these secret emails, the county’s land strategy facilitator, Dan Evans, wrote to Councilman Somers, stating “I’ll be sending a safer email to your official addresses. …”

These secret emails, which Citizens requested in December 2010, were indisputably public records. But the county denied they existed, and only turned them over in July, 2014, a couple of months before the lawsuit was settled. Were it not for the lawsuit, they would never have been provided.

Another request at issue in this case sought records regarding a county-commissioned appraisal of “residential development rights” in the floodway and floodway fringe of the Snoqualmie River. The county relied on the appraisal to justify spending nearly $1 million in public funds. Having previously sent the county a 67-page letter explaining why residential development rights in the floodplain were essentially valueless, Citizens wanted to verify that the appraisal was properly performed and supported. But the county provided only a few records, and denied that any others existed. It was not until Citizens scheduled the appraiser’s deposition — more than 2.5 years after the records had been requested — that the county finally turned over nearly 1,000 pages of supposedly “nonexistent” records.

Washington courts have frequently noted that the public has a legitimate interest in seeing that government agencies conduct themselves fairly and use public funds responsibly. The courts have described the Public Records Act as furthering “the laudable goals of governmental transparency and accountability.” In a leading case, the state Supreme Court explained:

“The stated purpose of the Public Records Act is nothing less than the preservation of the most central tenets of representative government, namely, the sovereignty of the people and the accountability to the people of public officials and institutions. Without tools such as the Public Records Act, government of the people, by the people, for the people, risks becoming government of the people, by the bureaucrats, for the special interests. In the famous words of James Madison, ‘A popular Government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or, perhaps both.’”

Citizens’ requests were submitted over a period of six years, and the records obtained were incorporated into scores of detailed comment letters sent to local, state and federal authorities. Were not for this lawsuit, the county would have successfully kept many of these records hidden from the public.

Ultimately, this case resulted from the county’s apparent preference for keeping some of its activities secret when doing so is not permitted by the Public Records Act, and its apparent desire to coddle influential, well-connected county residents who sought and accepted the privilege of being appointed to the county’s powerful Ag Board.

DeWelle Ellsworth is an attorney representing Citizens for Sustainable Development.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Opinion

toon
Editorial cartoons for Friday, Feb. 7

A sketchy look at the news of the day.… Continue reading

Curtains act as doors for a handful of classrooms at Glenwood Elementary on Monday, Sept. 9, 2024 in Lake Stevens, Washington. (Olivia Vanni / The Herald)
Editorial: Schools’ building needs point to election reform

Construction funding requests in Arlington and Lake Stevens show need for a change to bond elections.

Schwab: Trump proves not as bad as feared; it’s worse

Taking food and medicine from kids; surrendering control to Musk; is this what you voted for?

Keep necessary homeless service program at its Everett location

Regarding The Herald’s front-page coverage of the Hope ‘N Wellness community services… Continue reading

We can’t afford the rich not paying their fair share

In a recent column, Todd Welch claims that a wealth tax on… Continue reading

Can we find a politically moderate path, please?

I was just wondering what happened to the moderates. I am a… Continue reading

Kristof: World’s richest men take on world’s poorest people

Trump says the USAID is run by ‘radical lunitics.’ Is saving countless lives now lunacy.

FILE- In this Nov. 14, 2017, file photo Jaìme Ceja operates a forklift while loading boxes of Red Delicious apples on to a trailer during his shift in an orchard in Tieton, Wash. Cherry and apple growers in Washington state are worried their exports to China will be hurt by a trade war that escalated on Monday when that country raised import duties on a $3 billion list of products. (Shawn Gust/Yakima Herald-Republic via AP, File)
Editorial: Trade war would harm state’s consumers, jobs

Trump’s threat of tariffs to win non-trade concessions complicates talks, says a state trade advocate.

A press operator grabs a Herald newspaper to check over as the papers roll off the press in March 2022 in Everett. (Olivia Vanni / The Herald file photo)
Editorial: Push back news desert with journalism support

A bill in the state Senate would tax big tech to support a hiring fund for local news outlets.

Jayden Hill, 15, an incoming sophomore at Monroe High School is reflected in the screen of a cellphone on Wednesday, July 10, 2024 in Monroe, Washington. (Olivia Vanni / The Herald)
Editorial: Students need limits on cellphones in school

School districts needn’t wait for legislation to start work on policies to limit phones in class.

toon
Editorial cartoons for Thursday, Feb. 6

A sketchy look at the news of the day.… Continue reading

Lake Stevens school bond funds needed safety work at all schools

A parent’s greatest fear is for something bad to happen to their… Continue reading

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.