Latest news with #PublicRecordsAct
Otago Daily Times
4 days ago
- General
- Otago Daily Times
History provides solid foundation
Access to Dunedin's past has never been easier, Paul Gorman writes. History is literally the foundation stone on which the Dunedin City Council sits. Big chunks of it can be found boxed, filed and shelved below the Civic Centre, two stops down in the lift, in the lower basement. The city's archives have undergone a nearly $1 million revamp in recent months. The council is now keen for the public to return to the new facilities and research away to their hearts' content. It's all right here — valuation rolls, building plans, drainage maps, aerial photographs, minutes and agendas of council meetings. Not to mention old stamping machines that weigh a tonne, various esoteric gifts and collectors' items, and lots of photos of stern, bearded men from centuries past looking like they're desperately in need of a good joke. "Yes, we have lots of pictures of men," council archivist Prue Milbank says. "They're very serious." Archives of course build up their own histories throughout the years. The Dunedin City Council Archive began in 1983. Its paper collection goes back to 1855, and the fragile Dunedin Town Board minutes book from that year, which Milbank carefully shows The Weekend Mix, and runs until 2002, when the council's electronic data records management system began. Despite the arrival of such modern filing methods, council standing orders require physical, signed copies of minutes and agendas to continue being archived. According to the DCC website, the archives' records were boosted in 1989 by the major local government reorganisation of that year. Included from the time of the amalgamation are proceedings and reports from more than 100 predecessor bodies, including the former Port Chalmers and Mornington borough councils, the Silverpeaks and Taieri county councils, and the Dunedin Drainage and Sewerage Board. Documents have also been acquired from other council departments and public donations. After 40 years, and with changing legal requirements for the storing and preservation of such precious records, the archive was due for refurbishment. Work on the new archive began last July, with material stored elsewhere while efforts progressed. The refurbishment is now largely complete, and the archives are open again to the public, although some work continues on the temperature and humidity control system, which should be finished in a couple of months. A council spokesman says the upgrade was necessary so the archive better met the Public Records Act's requirements. "Previously, the archivists shared their working space with the archive storage material, so part of the project involved creating separate dedicated storage areas, and a new working area for staff, as well as a public reading area separate from the storage space." The upgrade also includes improved access for people with mobility issues, new and improved shelving, including mobile shelves, a new security system and weatherproofing to prevent moisture build-up. As archivist, Milbank has oversight of this vast collection of information. She's the kind of person you'd definitely want on your team at the pub quiz, especially if it was focused on olde Dunedin, yet coming from Tauranga she says she has had a lot to learn. "I definitely know a lot of just random stuff about Dunedin. But because I'm not from Dunedin, a very generic thing that might have happened in the '90s I might not know about." Milbank did a degree in archaeology at the University of Otago, followed by a master of museum and heritage practice at Victoria University of Wellington. "Part of that is you do an internship. So, I interned here with the heritage adviser a few years ago, and then applied for the [archivist] job here and got it." Some of the visiting public's most requested items are building plans, which have been kept since 1900. "People are after these for information about their own houses. Heritage New Zealand also obviously uses building records for their work, so we are providing that for heritage properties. "If someone's a researcher, you can get the random niche questions, but from the general public it's generally genealogy kind of questions. So, they want to know things like, 'my ancestor lived in this house, can you tell me when or how long did they live there?'. "For that we use the valuation rolls. So, they basically just are sectioned out by the legal description, and that's what you have to use the cadastral [survey maps] to find out. "Then going to the roll, you'll see, for example, the house is on section 23 of block 17, and then it outlines who owned it and it has their occupation. If they were a tenant, it would have the owner's name and the occupier's name." Proper storage boxes guard the documents against damage from water or fire. "Even if a fire did start out at one end of the room, and all the sprinklers went on, a box is going to protect it, for a certain amount of time. "Archives New Zealand has rules that we have to follow, in terms of the environment. It has to be 20 degrees, but no more than 25, and it's not meant to vary more than a certain amount within 24 hours. Then also, the humidity has to be between 30 and 60%, and it's not meant to change too much over time either. "You just want to keep them stable. And then obviously you're not meant to have pipes or hazards, and it has to be a secure facility, so we have swiped access." Word has not gone out officially that the archives are again open to the public. "Because of the way our archive had been set up, it wasn't ideal for people coming in and we kind of did a lot of the inquiries for people. Now that we've got this new space, though, we are hoping that more people will come in and do the research themselves, because they do love doing so. "We have a conversation with them first, asking what kind of records they want to look at, because we have to go and pull them out for them." Some people stay in the archives longer than others. "We've had researchers come in every day for a week if they're doing a big project, but otherwise they might just come in for a couple of hours." The types of visitors varies, but along with the genealogists there are plenty involved in tram and cable-car restoration. "We've got a lot of the plans for the actual cable cars themselves. We get university students sometimes, if they're doing a project, but we're only open during business hours so we don't really get school students much." The range of documents probably goes beyond what the public might think is held, Milbank says. These include: Plans for DCC buildings, such as public conveniences, the Moray Pl public baths, St Clair baths, the Winter Gardens, memorials and monuments, theatres, air-raid shelters, the Moray Pl synagogue, bridges, the Palmyra Community Housing Development, and the NZ and South Seas International Exhibition of 1925-26; The 1937 Housing Survey — households were surveyed across the country. Information provided includes a list of all the people living in a house (sometimes as many as 13), plus information on the house, such as how many rooms, if it had running water etc; Street name origins, and renaming (this happened a lot as the borough council amalgamated with the DCC); Cemetery records — plans, burial registers etc; Dunedin Botanic Garden diaries, inventories, acquisition books and seed registers; Records on Dunedin events, including royal visits ephemera and planning, the South Seas Exhibition ephemera, photos, maps and plans; Records from various groups and committees, including the Flood Relief Committee, SS Kakanui Relief Committee, Peace Celebrations Committee, Civic Ball Committee and the Festival Week Committee; and Cable-car, trolley bus and tram plans. Among the council gifts and artefacts are the: Souvenir trowel related to laying the town hall foundation stone; The Bible used to swear in Dunedin citizens; The Mosgiel Borough Council mayoral chain; and The gold and glass necklace and ear-rings presented to Dunedin by Park Hoon, the Mayor of Dongdaemun, South Korea. - By Paul Gorman The archive To make a time to visit the Dunedin City Council archives, email archives@ or phone (03) 474 3553.
Yahoo
11-07-2025
- Politics
- Yahoo
Did SLO County clerk-recorder violate the Public Records Act? Here's a Reality Check
A California man filed a lawsuit against San Luis Obispo County and Clerk-Recorder Elaina Cano, alleging the two violated the Public Records Act when he asked for voter registration statistics. But the lawsuit went nowhere quickly, because the county says it didn't violate state law seeing as the man's request didn't qualify as a Public Records Act in the first place. The lawsuit, filed on June 24 by Shiloh Marx, claims Cano did not respond to his request for information on March 11 or his follow-up email on June 17 that requested voter registration statistics 'to assess election integrity and ensure compliance with the National Voter Registration Act.' Three days later, Cano responded to Marx's request for information on June 27, and he withdrew his lawsuit the same day, according to a dismissal document obtained by The Tribune. On Tuesday, however, Cal Coast News reporter Karen Velie published a story about the lawsuit and its accusations against the clerk-recorder. But Velie originally failed to include the county's position that there was never an actual Public Records Act request, nor the fact that the lawsuit was dismissed. The Tribune looked into the matter as part of its Reality Check series. Cano told The Tribune that her office provided Marx with the information he was looking for and explained why it fell outside the parameters of the Public Records Act. 'While the initial inquiry received from Mr. Shiloh Marx in March 2025 did not constitute a formal request under the California Public Records Act, our office nonetheless compiled and provided the voter registration data he requested as a professional courtesy,' Cano told The Tribune. In its response, the SLO County Counsel's Office explained to Marx that his initial inquiry was not treated as a public records request 'due to both the subject matter, which made no reference to the (California Public Records Act) and, more significantly, because your request did not make any request for inspection or copying of a 'record' or 'records,' but instead posed a series of questions to the (Registrar of Voters).' In other words, Marx did not frame his initial inquiry as a request for records, but rather a request for 'information.' He asked for various statistics on inactive voter registrations, which are not considered records. Cano said that Velie did not attempt to reach her for comment before publishing her story on Cal Coast News on Tuesday. After seeing the story, Cano gave Velie what she called a 'courtesy email' to clarify the county's position and provide its formal response to Marx. 'Given these facts, the article's implication that records were 'withheld' or that no response was provided is inaccurate,' Cano told Velie over email. 'As always, I'm happy to provide information that ensures public confidence in our elections process.' As of Thursday morning, Velie updated her story to include Cano's response to Marx that there was no public records request made. She did not include the fact that the case had been dismissed. The headline remains 'SLO County clerk-recorder accused of violating Public Records Act.' Velie did not immediately respond to The Tribune's request for comment. The California Public Records Act grants the public the right to access and obtain copies of public records held by state and local agencies. This law ensures transparency and allows the public to monitor government activities. The Public Records Act requires government agencies to respond to requests within 10 days to confirm the request's receipt, though it does not necessarily require documents to be produced by then, especially if the request is voluminous. If Marx's request were made under the Public Records Act, the county's failure to respond within 10 days may have put it in violation of the law. However, Marx never mentioned the Public Records Act in his initial request, which he instead framed as a 'formal request for information.' He asked Cano four questions about SLO County's voter registrar, including the number of active and inactive registered voters, how many voters were labeled as inactive in the past year and how many voters hadn't voted in the last two, three, four and five or more elections. Marx, an 'election integrity' advocate according to his website, said he made similar requests to all California counties except for Los Angeles County. He has also filed nearly identical lawsuits in many. He posted on X that he used Grok, Elon Musk's AI chatbot, to draft his lawsuits. 'I am not a lawyer,' he wrote on X and told The Tribune. The Tribune spoke to Marx on June 27. When asked about the county's position that his initial request was not a formal records request, Marx said he 'can see the interpretation of that.' He also told The Tribune that if he received a response from Cano, it would be satisfactory to end his complaint. The county responded later that day, and Marx filed to dismiss his lawsuit that same day, too. 'The San Luis Obispo County Clerk-Recorder's Office is committed to transparency, accuracy and compliance with both state and federal election laws,' Cano told The Tribune. 'We encourage all members of the public and the press to review the full context of such matters and to reach out directly with questions. As always, maintaining public trust in our elections is, and will always be, one of our highest priorities.'
San Francisco Chronicle
02-07-2025
- Business
- San Francisco Chronicle
A hip Oakland bar shut down after 5 days. But controversy had been brewing for months
It was set to be Oakland's coolest new cafe and bar: an acclaimed chef serving top-tier coffee and snacks during the day, then wine to a soundtrack of vinyl records until 2 a.m. It looked like a residential apartment. That's because it was one. In early March, chef Andres Giraldo Florez opened Upstairs in the second-floor unit above his popular restaurant Snail Bar at 4935 Shattuck Ave. Customers poured in on opening day, posting Instagram selfies while sitting among mismatched pillows on couches and dancing with glasses of wine as the sun set. Five days later, city officials abruptly shut it down, citing a lack of permits. For weeks leading up to the closure, Florez, city staff and neighbors had been clashing over the unusual proposal to turn a residential apartment into a bar. City staff wrangled with complications such as an ice machine in a bedroom closet and a 'problematic' bathtub, according to emails the Chronicle obtained under the Public Records Act. Depending on who you asked, the challenges of Upstairs represented another example of city bureaucracy hampering a small business — or an owner with a history of flouting regulations. In an interview with the Chronicle, Florez acknowledged that he opened Upstairs without all of the required permits. He was frustrated, he said, by the slog of a city process that left him paying rent without bringing in income for months. 'We were just trying to open and then fix things as we go,' he said. 'I got a lot of bills that pile up if I don't operate.' The City of Oakland did not respond to questions for this article. It's the latest chapter in a line of permitting snafus for Florez. Snail Bar's original location in the back of a classic car dealership in Oakland closed after three days due to permitting issues in 2020. Since the restaurant opened on Shattuck Avenue in 2021, there have been 10 code enforcement issues, according to city records, including illegal construction and noise ordinance violations. The busy restaurant has drawn ire from neighbors, several of whom have since sued Snail Bar and its landlord over noise and other complaints. For 22 years, the second-floor space overlooking Shattuck Avenue was the home of Chris Cantor. He moved out last year amid a long feud with Snail Bar. Cantor alleged he was forced out and sued the restaurant as well as the building's property management company, Advent Properties, and landlord Gee Whiz LLC for wrongful eviction. They've denied his allegations in court. The case is set for a September trial. With the apartment vacant, Florez announced last fall that he'd open a business there in part to relieve crowds at Snail Bar. But he soon learned from the city that converting an apartment wholly to commercial use would violate state and city housing laws. So Florez came up with a new plan: preserving a two-bedroom apartment with its own kitchen and bathroom on one side, connected by a hallway to Upstairs on the other. For months, the Upstairs team sent frustrated emails to the city about the status of their application. After a nearly six-hour phone call with Florez in February, Oakland city planner Danny Thai signed off on Upstairs' plans, according to emails. Thai reminded Florez's team that the next step was to secure a building permit. Then, Upstairs' designer 'suddenly' asked if the business needed a permit to host DJs playing vinyl music, Thai wrote in an email. Oakland businesses that serve alcohol, offer dancing and operate later than 11 p.m., like Upstairs would, are required to get a cabaret permit. 'Andres did say that he has been slapped on the wrist and would like to do things the right way,' Cristy Johnson, a deputy director for business development in the city's Economic & Workforce Development Department, wrote in a Feb. 10 email to city staff. Florez told her that the space would be sound-proofed to avoid noise complaints from neighbors. 'What the heck does this mean?' Candell wrote in a Feb. 11 email to Thai. 'Do you know how hard it is and what little resources we have available to enforce a nighttime noise issue?' Other issues bubbled up. A Planning & Building supervisor told Thai that the kitchen in the residential apartment needed a stove and a fridge, 'not a hot plate.' And Thai noticed something else: a bathtub. 'Bathtubs are not appropriate for a commercial activity,' he emailed Florez on Feb. 11. Florez responded with a photograph of the bathtub in question. It was covered with a patterned cloth and decorated with a ceramic vase. 'The tub is not a tub that's just a table,' he wrote. 'You will need to remove that bathtub. It is not a table,' Thai told Florez. 'The fact that this 'bathtub' exists in a commercial area is problematic.' (Florez hired a plumber to remove the bathtub.) Whether anyone would actually live in the apartment, and if the city asked for proof of that, is unclear. Florez declined to answer if he planned to use the apartment for a residential purpose. By late February, Florez still hadn't filed for the required building permit, which usually takes at least four months to process, according to an email from Thai. Thai again reminded Florez and his team that they can only operate once they complete that step. Meanwhile, neighbors pressed the city to look more closely at Upstairs. They argued that Florez didn't intend to maintain the residential apartment. They filed an appeal, which the city denied. 'It's your job to help people and guide applicants successfully through the application process, but there have to be limits to what you will overlook,' Cantor wrote to city staff. 'Even for small business owners, even if they are budding celebrity chefs.' The next week, a splashy SFGate article announced Upstairs would open on March 7 with specialty coffee, natural wine and a 'state-of-the-art DJ booth.' (The Chronicle and SFGate are both owned by Hearst but operate separate newsrooms.) 'Nobody's ever going to live up here peacefully,' Florez told SFGate. The article circulated among city staff and neighbors. Cantor sent city employees a screenshot of what he claims was supposed to be a bedroom but was billed as a public 'lounge room.' He questioned whether anyone would actually live in the 'imaginary' apartment that shares walls with an all-day cafe that serves alcohol and plays music late at night. He asked the city attorney to scrutinize the city's handling of the case. Florez declined to confirm to the Chronicle whether the 'lounge room' is on the residential or commercial side of the space. 'It's still something we're working on zoning wise,' he said. Mark Romoser, an Americans with Disabilities Act (ADA) program analyst for the city, saw potential accessibility issues in the published photographs. 'It sure doesn't look accessible from the pics in this article. It's even called 'Upstairs,'' he wrote. 'There must be an elevator out of frame, or else how could (Planning & Building) have granted permits for it?' (There was no elevator.) The city also received an accessibility complaint from Richard Skaff of nonprofit Designing Accessible Communities, which has filed dozens of ADA lawsuits against businesses, asking whether Upstairs had met requirements such as access from the ground to second floor. With the increased media attention, city inspectors flagged internally, again, that Upstairs did not have a building permit. 'Use of the upstairs area should cease until the required permits, inspections and approvals have taken place,' David Miles, principal inspection supervisor for the city's Planning & Building Department, emailed an inspector and other staff on March 4. The city opened a code enforcement case, according to records. Three days later, Upstairs debuted anyway. Neighbors emailed city staff that crowds spilled out onto the sidewalks that first night. 'The upstairs business represents an escalation of unpermitted activity and the impact on the neighborhood and public safety is going to be significant,' they wrote. Inside City Hall, Candell again admonished the planning department for failing to 'put some guard rails on approvals to hedge against issues that are likely to come up.' Zoning manager Robert Merkamp told him that the department had done what it could within its scope, even if 'sometimes we suspect they're not giving it to us completely straight.' On March 11, the city sent a cease and desist letter stating Upstairs was operating without proper permits in violation of city codes and had to close immediately. 'We're trying to be patient but we are being hit (with) overwhelming costs,' Florez emailed city officials, including a councilmember, that day. 'I would really appreciate some urgency here as I have 6 employees.' Some city officials, including City Councilmember Janani Ramachandran, checked in about Upstairs' approval, records show. And despite Florez's frustration, planning and zoning staff told him in emails that his process was relatively quick. While Upstairs remains temporarily closed, Florez plans to start construction to bring the business into compliance with city regulations. He has to install a three-compartment sink (a health department stipulation that requires new plumbing, he said) and replace tiled countertops with stainless steel. A pending building application filed on March 6 also proposed constructing a new wall to divide the unit, commercial kitchen facilities and a dining area, at an estimated cost of $20,000, according to city records. He applied for a cabaret permit for Snail Bar though he said it's on hold until Upstairs is approved. He hopes to reopen Upstairs in August. Yet the business hasn't been completely quiet. On Sunday night, during Snail Bar's fourth anniversary party, social media posts showed people congregating in the still-closed Upstairs space, drinking wine while a DJ played music.
Yahoo
30-06-2025
- Sport
- Yahoo
Investigation uncovers what led to brawl at Hanford, Pasco basketball game
High emotions, mass confusion and unfounded accusations of racial slurs were what likely led to a pair of fights at a February varsity basketball game between the Pasco Bulldogs and visiting Hanford Falcons. That's according to an investigation by the Pasco Police Department and its school resource officer obtained by the Tri-City Herald through the state Public Records Act. Several officers interviewed more than a dozen witnesses, parents and students in the days that followed the Feb. 4 incidents. Police also determined that a Hanford assistant coach tried to intervene between two fighting players but that allegations he choked a Pasco player were unsubstantiated. It was a 'split-second decision' to place his arms around a swinging Pasco player and likely 'the best option to de-escalate the situation,' said police. 'There were coaches up and down the court grabbing onto players to stop their aggressive movement toward players on the opposite team,' wrote Officer Joseph Wysock, a school resource officer at Pasco High School. 'Many of the events on Feb. 4, 2025, were unlawful and were against high school sports policies from both schools,' Wysock wrote. 'The game's coaching staff and school administrators handled the situations professionally to de-escalate many problems.' The firstfight occurred in the waning moments of the game, after a Pasco player going for a layup was pushed mid-air by a Hanford opponent. The hard foul led to a scrum between the two teams and the allegations involving Hanford's assistant coach. But a second fight after the game involved mostly enraged fans and parents. Several people walked away with bruises and scratches, and police identified one parent who may have instigated the fight. While Pasco police recommended third-degree assault charges for two parents and one student involved in the second incident, the city attorney chose to not file charges in the case, said Richland attorney Scott Johnson, who represents the assistant coach. The Herald is not naming those involved or the assistant coach since no charges were filed. The Hanford assistant coach remains on administrative leave from his part-time coaching job as the school investigation continues, but he has said he doesn't plan to return next season. Richland said in a statement to families days after the incident that the coach's actions 'do not reflect our commitment to safety' and would not be tolerated. Johnson argues the district should retract those statements in light of the Pasco police report. 'They made a snap judgment critical of their own coach before they knew any of the facts,' he wrote. 'The false statements the Richland School District made caused my client and his family to be subject to numerous threats, including threats of physical harm.' The Tri-City Herald has requested additional records about the Richland School District's internal investigation. A spokesperson for the district said it's standard practice for a staff member to be placed on leave when safety-related concerns are reported. 'This ensures a thorough, impartial review while prioritizing the safety and well-being of students and staff. The RSD's investigation into any potential violations of district policies is ongoing,' Richland public information officer BJ Sorenson told the Herald. In the days and weeks since the fights, Pasco High School has reviewed and enhanced its safety protocols. That includes more supervision and safety staff at home athletic events. 'At the district level, we have worked closely with the Washington Interscholastic Activities Association (WIAA) to address broader concerns and reinforce clear expectations for behavior and sportsmanship,' a statement from the Pasco School District reads. 'As part of this effort, QR codes are now posted at home athletic events, providing spectators with a simple and immediate way to report concerns or inappropriate conduct during competitions,' the statement continues. It was alleged by some witnesses that the tussles were preceded by the use of racial slurs against Pasco players on the court, specifically during a foul in the third quarter. Wysock interviewed the game referee and two Pasco coaches. All three denied hearing anything racial, and police were unable to establish any probable cause that slurs had been used. The referee explained in an interview with Wysock that it's WIAA protocol to pause play, speak with coaches and warn the benches if slurs or disparaging remarks are heard during play. Police were unable to discern what was said by players during the third-quarter foul, but one juvenile witness claimed a Hanford player called someone an anti-Black epithet. The Hanford assistant coach and a younger student were accused of calling a Pasco player 'carrot top' and 'carrot cake.' 'Pasco has a red-haired Hispanic player,' Wysock wrote. 'I interviewed him and he was unaware of these comments being made, nor did he feel that they were racial. In fact, he thought about making them a nickname for himself.' The first fight at Pasco High School occurred with less than four seconds left on the clock of the game as the Falcons led the Bulldogs, 62-45, according to police reports. As Hanford was running out the clock, a Pasco player stole the ball and was pushed during a layup. He landed and hit the padded wall. 'This caused the Pasco players to get upset and act with instant retaliation,' Officer Wysock wrote. Then, coaches, parents and fans from both teams came onto the court from the bleachers. 'Pasco High School administrators and coaches from both teams were clearing the court and addressing concerns as best as they could. They established command and control of the incident for the time being. Parents grew concerned over the events that just took place, such as the hard foul and the Hanford coach grabbing a Pasco player. Parents started pointing fingers as possible instigators,' he continued. A frustrated Pasco mother was identified as a 'component of what instigated' later fights. She and her husband initially thought it was their son who had been grabbed by the coach. After the game, as parents were waiting for their kids to come out of the locker rooms, she pointed out to the district athletic director a 20-year-old Hanford fan whom she believed was involved in the altercation, and that was 'saying racial slurs throughout the game.' That fan reportedly got into an argument earlier that evening with a few of the Pasco fans in the locker room tunnels, and was asked to leave the tunnel. A Pasco student there to watch the game overheard the mother's discussion with the athletic director, and he confronted the Hanford fan. After the game, words were exchanged between the Hanford fan and Pasco student, according to the police report, and shortly after the fan was surrounded by three men. '(The fan) crosses his arms in a manner that portrays he is not going to leave or listen to the crowd yelling and pointing for him to leave,' the report reads. The Hanford fan's father tried to intervene and the Hanford fan gets into a wrestling match with one of the Pasco aggressors and punches began flying. Several spectators, parents and students rushed to try to break up the cluster, but others who rushed in tried joining in on the fight, the police report said. Reports said the fan was beat by 'around 5-6 adults,' and was even knocked unconscious by an aggravated Pasco student who rushed into the scrum to land a 'haymaker' punch that also knocked down another person. The school's vice principal, the athletic director, Hanford coaches and several 'good Samaritans' broke up the fight. Wysock's report was based on 'hours of video footage' — both closed circuit and submissions from the public — and several written statements and interviews. It led him to the conclusion that reactions from players, fans, parents and students resulted in 'multiple people breaking the law.' 'It is not uncommon for players' emotions to be elevated during games, and retaliation for a hard foul has become common in college and professional sports,' the school resource officer wrote. 'In the events of the game between Pasco High School and Hanford High School, the actions taken by some reached the criminal level.' In addition to the three individuals recommended on third-degree assault charges, Pasco police also listed the names of nine individuals who likely broke state law by disturbing a school activity. The misdemeanor comes with a simple penalty of up to $50.
Yahoo
03-06-2025
- General
- Yahoo
Spokane Valley City Council to consider settlement with sitting member over public records lawsuit
Jun. 2—Spokane Valley's public records lawsuit against one of its sitting city council members could come to a close without a day in court if the council approves a settlement proposal this week. The Spokane Valley City Council will hear a settlement offer from Councilman Al Merkel Tuesday that would end the city's lawsuit against him — a monthslong legal dispute centered around the councilman's use of the social media platform NextDoor. The city opened an independent investigation into Merkel's NextDoor use last June following a complaint from Councilwoman Jessica Yaeger that he was using the platform as a form of city-related communication without keeping proper records of his activity. Rebecca Dean, a Seattle-based attorney who conducted the investigation, determined Merkel's use likely violated the state's Public Records Act and city code governing council members. Merkel has maintained that he does not believe his activity, whether posts, surveys or messages, constitute public records, and unsuccessfully appealed the investigation findings to the city's hearing examiner last fall. Citing a lack of compliance from Merkel following the investigation, and the hearing examiner's decision to uphold it, the Spokane Valley City Council voted to sue Merkel in February to force him to comply with open records rules. Merkel's fellow members on the city council voted unanimously to strip him of committee assignments, and to publicly censure Merkel — a formal condemnation for his actions — in a special meeting Dec. 19 following the appeal. The punishments are among the most severe available to the council when disciplining a fellow board member, and will remain in effect for the remaining three years of Merkel's term. The settlement offer, passed along by Merkel's attorney Patrick Kirby, comes just before the lawsuit was to appear before Spokane County Superior Court Judge Rachelle Anderson on July 18. If approved by the city council, the settlement would lead to the dismissal of the lawsuit with prejudice, meaning the city could not refile the same claim down the road for events before the settlement took effect. The city would also cover all of Merkel's attorney fees past, present and future, "as they pertain to this dispute," according to meeting materials including in the agenda for Tuesday. Merkel is also requesting the city come to agreement with him on appointing an "independent master" to review his social media and determine what activity constitutes a public record, and to have the city cover the costs of the role. Merkel would only be legally obligated to produce social media posts the "master" determined to be public records, the settlement terms state. The city would pay for an attorney to serve as the "independent master." The city already has a staff that is trained in public record's law to fill records requests, and the city covered the costs of two independent experts already for the investigation and hearing examiner proceedings. The settlement would preempt a court from weighing in on whether, or to what extent, Merkel's activity on NextDoor is a public record. It would also preempt a court from directing him to provide those posts and to comply with state law and city policies moving forward, which is highlighted as a potential concern in the meeting materials. "Both determined Councilmember Merkel violated the Governance Manual social media policy and did not comply with his good faith obligations under Washington case law," the agenda item states. "Councilmember Merkel did not adhere to those determinations, and thus it would remain to be seen whether he would adhere to a third independent attorney's determinations in this regard when not in his favor." City Attorney Kelly Konkright will brief the council on the offer from Merkel at its regular 6 p.m. Tuesday meeting.
