March 12--The La Conner Weekly News has filed a lawsuit against Fire District 13 public record requests.
The 37-page petition alleges that in many of the newspaper's recent public records requests, Fire District 13 was reluctant or refused to provide documents. In at least one case, the newspaper accused the district of destroying employee agreements after they requested disclosure.
Fire Chief Roy Horn said the district's lawyers are drafting a response to the allegations, which he said contain "halftruths and no-truths" that need to be addressed.
The lawsuit claims the records difficulties began after its reporters began asking questions about an investigation report into one of the fire commissioners.
The report found that Commissioner Doug Avery violated federal and state labor laws and fire district policy for retaliating against district secretary Deborah McFarlane after she complained about his behavior.
The investigation was launched in September 2013 after McFarlane filed a complaint with the board of commissioners against Avery.
Her complaint stated Avery repeatedly made false accusations against her in public, demanded she perform tasks for him and not other board members, and treated her with aggression and intimidation.
Many of the records the paper sought were related to the billing and insurance claims related to the investigation.
In the petition, Sandy Stokes, co-owner and co-publisher of La Conner Weekly News, stated that the public has a right to know about the costs and time commitments associated with the district's investigation report.
Stokes said prior to the paper looking into the district's investigation of Avery, they hadn't had issues with obtaining records. But then the district began consulting with lawyers on releasing different records, Stokes said.
"I just want them to stop breaking the law," she said.
In addition to the records complaints, the newspaper also accused the district of numerous illegal meetings in violation of the state Open Public Meetings Act.
Many of these allegations concern going into executive session for inappropriate reasons.
In a settlement offered by its counsel, Allied Law Group, the newspaper requests that the district change policy to make public records more accessible. The district would also volunteer to train its employees on compliance with public records requests and meetings laws.
The newspaper is also asking for $24,500, almost all of it to cover attorney fees.
The remaining $5,000, a penalty fee for the district, would be donated to various La Conner charities and journalism groups. About $1,200 from the penalty would go to the law firm as part of its penalty award agreement. The settlement offer remains open until March 28.
Copyright 2014 - Skagit Valley Herald, Mount Vernon, Wash.
