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Disputes Over Public Records get Attention of Agencies

Posted by Michael D. Whipple | Feb 07, 2016 | 0 Comments

Disputes Over Public Records

The Union Bulletin article discusses a legal dispute in Starbuck, Washington, where attorney Stephen Kirby claims his public records request was ignored, leading to a lawsuit that could cost the town, with a small annual budget, tens of thousands in penalties. Kirby requested records in October 2014 and followed up in November 2014, but part-time Clerk Candice Harrison says the requests never arrived. The court must now determine if the mail was lost or neglected, or if the request was never sent.

This case highlights broader issues with Washington's public records law, which mandates $100 penalties per day for denied records and covers all attorney fees. Columbia County Prosecutor Rea Culwell, not involved in the case, acknowledges the financial strain such requests can place on small towns.

“What he's trying to do is very exciting,” Michael Whipple, attorney for Stephen Kirby, said Friday.

“Attorneys are sometimes awarded fees in court cases, but no database currently exists for judges or attorneys to access and determine what an appropriate fee would be,” Whipple said.

Rep. Terry Nealey and other legislators have sponsored House Bill 2576 to address these concerns, proposing measures to balance legitimate public records requests with reducing frivolous ones. Opponents fear the bill will limit public rights. The bill would allow public agencies to limit hours spent on requests and establish a commission to resolve disputes outside of court.

The controversy has broader implications, suggesting a need for modifications to protect both public rights and agency finances. For Starbuck's 130 residents, the outcome will have a significant impact. The bill is set for further discussion in the House General Government and Information Technology committee.

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Michael D. Whipple

Managing Partner

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