Last week, Council member Steven Bonkowski sent a letter to the press, trying to rehabilitate his reputation after his unlawful and costly violations of the Public Records Act. We sent the letter below to the Bainbridge City Council, the City Manager and the City Attorney.
Dear Council, Mr. Schulze, and Ms. Marshall:
We read Steven Bonkowski’s letter to Inside Bainbridge this week, in which he attempts to re-litigate arguments he lost in court. His false statements are so significant that we think it’s important to correct them in writing. We also want to express our alarm that as a sitting member of the Bainbridge City Council, Mr. Bonkowski continues to substitute his own incorrect interpretation of the law for the judgment of two courts, suggesting that he is within his rights to continue the unlawful behavior that has cost the city so much money.
The following are false statements by Mr. Bonkowski:
Bonkowski: “I want the community to know that I did not conduct city business from my private email account, and I did turn over my emails to the city in a timely manner for the public records request.”
The facts: Kitsap County Superior Court Judge Jeanette Dalton held that the documents we sought were “related to the financial information that Mr. Bonkowski discussed at the June 5, 2013 meeting, and thus do come within the realm of ‘public records.’” In fact, when Judge Dalton discussed Mr. Bonkowski’s flawed reasoning in determining what constitutes a public record, she wrote the criticism that has been so often repeated in the press: “The Council members knew well what the Governance Manual requires, and any hesitation by them in turning over such emails is a grave concern for the people of Bainbridge Island.”
Moreover, Mr. Bonkowski did not turn over his emails in a timely manner, because, as Judge Dalton found, he “admitted to deleting records that were responsive to the PRA requests.”
The Court of Appeals supported Judge Dalton’s positions, writing that Bonkowski and Ward “undisputedly violated the Governance Manual by using their personal accounts for city business, by failing to forward emails received on their personal accounts to City servers, and by deleting emails which constituted public records, thus making it impossible for the City to adequately respond to Paulson and Fortner’s PRA requests.” (more…)