Tacoma Fined and Ordered to Train Department Heads in Public Records Compliance

Posted by: Curt Varone February 17, 2020 0

The City of Tacoma has been fined $36,800 and ordered to provide training to all department heads for failing to produce a fire protection study when requested by an open government activist, The News Tribune is reporting.

The city was sued back in 2016 by Arthur West, who has filed dozens of public records lawsuits against state and local agencies. West was seeking “threat assessment” records related to an LNG facility. When the records he sought were not produced, he filed suit in Pierce County Superior Court. The trial court denied his request, prompting West to appeal to the Washington Court of Appeals, who ruled in 2018, as follows:

  • Arthur West appeals from the trial court’s dismissal of his Public Records Act (PRA) claim against the City of Tacoma seeking “threat assessments” related to a liquid natural gas (LNG) terminal being built in the Tacoma port.
  • We conclude that the City silently withheld records in response to West’s request.
  • We reverse the dismissal of West’s claim and remand to the trial court for further proceedings.

Here is a copy of that ruling.

West-v.-City-of-Tacoma_-2018-Wash.-App.-LEXIS-2577Download

On January 31, 2020, Judge Frank Cuthbertson ruled that the city was negligent in failing to provide the requested records. The News Tribune quoted from the decision:

  • The City’s process for responding to public records requests includes training and supervision, and an automated system for receipt of requests and production of records, which is a mitigating factor in establishing an appropriate penalty.
  • The Court, nonetheless, finds that additional Public Records training to all City Department heads is needed with the intent that the importance of a clear and consistent process of compliance with the Public Records Act ripple out to City Department Heads, and the Court expects the City Attorney’s office to conduct such training.

The News Tribune also highlighted the fact that the city has been fined nearly $3 million in public records cases over the past 5 years. More on the story.

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
© Copyright 2017, All Rights Reserved. | FireLawBlog.com & Curt Varone | Privacy Policy | Terms of Use
x

Check Also

Virginia Firefighters Seek $1.5 Billion from PFAS Companies

Six Virginia firefighters and the estate of a deceased firefighter have filed suit against 25 companies associated with per- and polyfluorinated substances (PFAS) seeking $1.5 Billion in damages. The named lead plaintiff in the action is Sara P. Chiaverotti, wife of Virginia Beach Fire Captain Matthew Chiaverotti who died from anaplastic thyroid cancer last year.

Rochester Firefighter Claims Domestic Violence and Gender Discrimination

A Rochester firefighter who claims to have been the victim of domestic violence and sexual harassment at work, has filed suit against the City of Rochester. The firefighter, identified as Jane Doe, claims that the city failed to protect her from domestic violence as required by state law and city policy, and that she was sexually harassed by coworkers at work.