Feeds:
Posts
Comments

Posts Tagged ‘Debbi Lester’

Here’s the press release we sent out this morning. We received Judge Dalton’s opinion late Friday afternoon. I’ve attached her opinion at the end of the post. The Bainbridge Review’s article is here. The Inside Bainbridge article is here.

Kitsap Superior Court Judge Jeanette Dalton ruled Friday that the City of Bainbridge Island violated the Public Records Act (PRA) by failing to turn over emails from the personal email accounts of council members David Ward and Steven Bonkowski, after public records requests were made by Islanders Althea Paulson and Robert Fortner. Judge Dalton awarded monetary penalties, attorneys fees and costs to Paulson and Fortner, who filed suit last August. Ward and Bonkowski are also required to turn over their personal computers to the City to be searched for missing emails.

Paulson and Fortner made separate requests beginning in June 2013 for public records relating to the City-run water utility. The City produced responsive records that were stored on the City’s server. In addition, council member Sarah Blossom turned over emails from her personal email account showing that Blossom, Ward, Bonkowski and council member Debbi Lester had been conducting city business from their personal accounts. (more…)

Advertisements

Read Full Post »

We sent this press release out today, following the receipt of Judge Jeannette Dalton’s decision in our Public Records Act case against the City of Bainbridge Island and three council members. This decision confirms the importance of electing officials who know and respect the laws about good governance and transparency. Get your vote in for the three candidates who will do this: Val Tollefson, Wayne Roth and Roger Townsend.

Kitsap County Superior Court Judge Jeannette Dalton has issued a decision in the Public Records Act (PRA) case brought by Althea Paulson and Bob Fortner against the City of Bainbridge Island, and Council members Steven Bonkowski, David Ward and Debbi Lester. Paulson and Fortner filed suit after waiting more than two months for the council members to produce public records from their personal email accounts.

In September, Judge Dalton heard arguments on the defendants’ motion to dismiss all claims in the lawsuit. In a memorandum decision, Judge Dalton refused to dismiss Paulson and Fortner’s demand for production and inspection of the hard drives of the council members’ personal computers.

“[P]ublic officials who conduct business on private computers cannot reasonably expect those records to be classified as private,” ruled Judge Dalton. (more…)

Read Full Post »

This morning Bob Fortner and I sent out the following press release:

Bainbridge residents Althea Paulson and Bob Fortner filed a Public Records Act lawsuit in Kitsap County Superior Court today against the City of Bainbridge Island, and city council members Steven Bonkowski, David Ward and Debbi Lester. Bonkowski, Ward and Lester have been named in the suit both personally and in their role as councilpersons.

Paulson and Fortner made separate requests under the state Public Records Act for records about the council’s recent dealings with the city’s utilities. When councilperson Sarah Blossom produced responsive emails from her personal email account, it became apparent that Bonkowski, Ward, Lester and Blossom have been conducting city business from their personal email accounts.

Council members are given a city email address and, by city policy, are directed to use only that account for city business. Unlike Blossom, councilpersons Ward, Bonkowski and Lester have failed to turn their emails over to the city, in violation of city policy, as well as state law. There is no indication that the other three councilpersons, Kirsten Hytopoulos, Bob Scales and Anne Blair, have used their personal accounts for city business.

“The last thing we want to do is sue the city,” said Paulson, a former co-publisher of the Bainbridge Buzz news website, who now blogs about city politics. “But the way the Public Records Act is written, we have to sue the city in order to require rogue officials to obey the law. The city has produced documents from the city’s server, but in the two months since my request, the three council members still haven’t produced their emails.” (more…)

Read Full Post »

Inflammatory emails released by the city pursuant to a Public Records Act request reveal behind-the-scenes strategizing and advocacy among some Utility Advisory Committee (UAC) members, frequent emails about city business from UAC Chair Arlene Buetow to certain council members’ personal email addresses, testy exchanges between Buetow and City Manager Doug Schulze, and scorching criticisms by Buetow of city staff, UAC colleagues and citizens with whom she did not agree.

Buetow assumed the chairmanship of the UAC in March of 2012 and is now running for Bainbridge city council.

Under her leadership, the UAC’s mission has expanded well beyond the scope of the city’s UAC ordinance. She regularly emailed council persons Sarah Blossom, Steven Bonkowski, David Ward and/or Debbi Lester at their personal email addresses, with extensive comments on utility issues. Those four council persons often vote as a bloc on a variety of contested issues. When they were running for council, Ward, Blossom and Bonkowski were critical of the city’s management of utilities. Their candidacies were supported by the Ratepayers Alliance, a group that sued the city in 2009 over utility issues. Sally Adams, secretary of the Ratepayers Alliance, was occasionally included as a recipient of Buetow emails.

Except for routine matters like scheduling and a thank-you note to Anne Blair, Ms. Buetow did not include council persons Bob Scales, Kirsten Hytopoulos or Anne Blair in the emails produced to me.  (more…)

Read Full Post »

The following article of mine was published by Inside Bainbridge on July 18, 2013. I am re-publishing it here to have it archived on my blog.

Documents released by the city pursuant to a public records request reveal that Arlene Buetow, Central Ward City Council candidate, lobbied four members of the Council at their private e-mail addresses on behalf of her homeowners’ association. Shortly after she sent three e-mails to the four requesting an exemption from the city’s business licensing requirements, Councilmember Dave Ward made a motion to do just that at a regularly scheduled council meeting.

On April 14, Buetow sent an e-mail to the personal e-mail addresses of Councilmembers Steven Bonkowski, Sarah Blossom, Debbi Lester, and Ward—who constitute a quorum of the Council—attaching a memo explaining her objections to a recently adopted ordinance that included homeowners’ associations among those entities that must obtain a business license. Buetow, who identified herself as president of the Tiffany Meadows Homeowners’ Association, said the license requirement subjected homeowners’ associations (HOAs) to “superfluous and unnecessary staff review.” She argued that the Council never meant to include HOAs in its ordinance.

On April 15, she sent another message to the four Councilmembers at their personal e-mails, writing, “Dave Ward asked me to provide details on the timing of this Ordinance through Council and how that relates to the Notice being sent out to the ‘affected parties.’” She attached portions of previous Council minutes at which the licensing provisions were considered and adopted.

Although I submitted a Public Records Act request for Councilmembers’ e-mail records, as of July 17 I had received no records showing how Ward communicated his request to Buetow. In fact, I have not received any e-mails from Bonkowski, Lester, or Ward on the topic of the HOA business licensing provision. (more…)

Read Full Post »

As expected, the City’s attorneys filed a post-trial motion in U.S. District Court yesterday, asking the Court to enter judgment in favor of the City, and invalidate the jury’s $1 million verdict for the Ostling family.

The Ostlings sued the City, Police Chief Jon Fehlman and Officer Jeff Benkert for violating Douglas Ostling’s constitutional rights when he was shot and killed by Officer Benkert in 2010. On June 1, a jury found that Officer Benkert did not violate Ostling’s constitutional rights. Nevertheless, it found that Chief Fehlman and the City failed to properly train its police officers and on that basis, it rendered the $1 million verdict in favor of the Ostlings.

This motion is not an appeal, but rather a request to the Court to set aside the jury’s verdict as a matter of law. If the motion is not granted, the City can appeal the verdict.

The City’s motion claims that the jury was given flawed instructions by the Court, due to a “last-minute change” on the failure-to train claim. The City argues that the change was made “based on misrepresentations of Plaintiff’s counsel” as to 9th Circuit precedent as well as the Plaintiff’s legal complaint. Due to these errors, the City argues, “The jury mistakenly believed it could find liability against Chief Fehlman and the City without finding Officer Benkert violated Douglas Ostling’s rights. If the Court had simply followed the 9th Circuit model instructions, as proposed by the Defendants, this problem could have been avoided.” (more…)

Read Full Post »

If you’ve seen enough drama at City Hall this year, Pay Attention. If you want the Council to deliver on promises to quiet the turmoil, Speak Up.

Interim city manager candidate Michael Caldwell has been clear that he sees no reason to calm the turbulence at City Hall. His interview answers directly oppose earlier Council assurances on that subject.

At several meetings in March, Council member Steven Bonkowski, speaking on behalf of the ad hoc city manager search committee, promised that no more changes are in store for City Hall until a permanent city manager is hired.

At the March 21 meeting, Bonkowski emphasized that the Council’s philosophy during the transition to a new permanent city manager would be stability and avoidance of conflict. He took pains to assure city management in the legal, planning, finance, public works and police departments that they will continue in their roles. Changes may come, he added, once a new city manager is in place, but won’t occur now.

He repeated those assurances at the March 30 meeting, promising that in its search for an interim city manager, the city isn’t looking for a “change agent.”

But here’s that promise in action at last week’s Council meeting, while the Council was interviewing Mike Caldwell. Caldwell is the only candidate under consideration for Interim City Manager other than Acting City Manager Morgan Smith (whose experience has been found wanting by members of the ad hoc committee): (more…)

Read Full Post »

Older Posts »