REVIEW BAINBRIDGE ISLAND
Friday, December 5, 2014 | Vol. 114, No. 48 | WWW.BAINBRIDGEREVIEW.COM | 75¢
INSIDE: Too cool: First Friday art, A8
City pays $487k to settle public records lawsuit COUNCILMAN WARD TO RESIGN AS PART OF MEDIATED DEAL BY BRIAN KELLY
Bainbridge Island Review
Two “good government” activists will be paid nearly $500,000 — and Councilman David Ward will resign his seat on the council — in exchange for dropping their public records lawsuit against the city of Bainbridge Island. The city council approved the settlement agreement at its meeting Tuesday. Under the terms of the agreement, reached after an 11-hour marathon session with a mediator in Seattle Monday, Althea Paulson and Bob Fortner will be paid $487,790 for abandoning their lawsuit against the city. The pair filed a suit against the city in September 2013 that claimed the city and Councilman Steve Bonkowski, Ward and then-councilwoman Debbi Lester failed to turn over public records that had been requested under the state’s Public Records Act. Paulson and Fortner had sought emails that the coun-
cil members had sent and received on their personal email accounts to fellow council members and others, which Paulson and Fortner noted was a violation of the city’s Governance Manual. The manual requires council members to use their city provided email accounts, and to forward any city related emails sent to them privately to the city for retention. A Superior Court judge ruled in favor of Paulson and Fortner in May, and harshly criticized Ward and Bonkowski for deleting public records from their email accounts.
Settlement follows loss The settlement follows a ruling late last month, in which Kitsap County Superior Court Judge Jeannette Dalton said the city must cover most of Paulson and Fortner’s legal fees — an amount totaling $109,345. Financial penalties against the city were expected to come after a sanctions hear-
David Ward
Steve Bonkowski
ing later this month. Dalton also said the court would consider an order that would make Ward and Bonkowski turn over their personal computers so missing public records could be found. That won’t happen now, however. As part of the deal, Bonkowski will not have to turn over his personal computer for inspection or give access to his personal email account so the city can find any missing public records. Ward also agreed to resign immediately after the settlement was approved. The settlement includes a $350,000 payment to Paulson and Fortner, plus $137,790 in attorney fees and costs.
Paulson and Fortner said they hoped the lawsuit and settlement would be a learning experience for elected officials. “I’m grateful to the city attorney and the city manager for working so hard with us to settle this case,” Paulson said. “This is an important result. The Public Records Act is a crucial tool our state Legislature has given to citizens as a check on government power,” she said.
Wasn’t about money “We didn’t bring this lawsuit because of the acts of anyone on city staff, or because we didn’t like a particular vote that the city council took. We brought it for
one reason: A few council members were doing government business on their personal emails and refused to produce those public records when they were asked,” Paulson explained. “Unfortunately, as council members, they are representatives of the city, and the law holds the city accountable for their behavior.” “We brought this lawsuit not just for ourselves, but as members of the community, and we plan to give serious thought to how some of the proceeds of the settlement could be used to benefit the community,” Paulson added. “This case revealed the systematic illegal deletion and destruction of public records by city council members Steve Bonkowski and David Ward,” Fortner added. “We hope the penalty agreed to by the city for these actions becomes a widely recognized deterrent to violation of the Public Records Act.” The settlement was reached after both parties
met with mediator Paris Kallas of the Seattle-based firm of Judicial Dispute Resolution on Dec. 1. It was the second attempt at a settlement. Paulson and Fortner had offered to settle the case soon after it was filed in September 2013, but the city refused. City officials, however, suggested mediation just after the Court of Appeals declined to review Judge Dalton’s May decision against the city.
Expensive fight The case has been costly for the city. According to city billing records, the city had spent more than $225,300 in legal fees on the case through October. The city spent another $20,487 on legal costs on the case in November. This week’s settlement also brought another surprise in the case. At the start of the mediation talks, Kathleen Haggard, TURN TO LAWSUIT | A22
Winslow tree lighting welcomes Christmas to Bainbridge The Grinch-like specter of rampant blackouts across downtown Winslow earlier in the day did nothing to hamper the fun and seasonal revelry of the annual tree lighting on Madrone Lane Saturday. Dozens of guests and shoppers — and even a few elves and Santa himself — braved the chilly evening to see the lights come on, and to explore local shopping opportunities as part of the national “Small Business Saturday” movement. Hot beverages were enjoyed and holiday carols were sung, but the cold drove many home quickly after the actual lighting of the tree. The event was organized by the Bainbridge Island
Downtown Association. To learn more about other upcoming community events, dining and retail options around the island and holiday shopping deals, visit www.bainbridge downtown.org or call 206-842-2982.
Luciano Marano | Bainbridge Island Review