Talk
About Irony...
by Dixie A. Walter
September 16, 2004
My View
Irony - "incongruity between what might be expected and what actually
occurs;" The Town of Eatonville continues
to break state law by refusing to even acknowledge ENN's public record
requests (see below). The public information officer and lead official of
the town is Mayor Bruce Rath.
A friend, and ENN reader, noted that almost 31 months
ago Rath himself was complaining that the town wasn't giving him
information he requested. The town council minutes from February 25, 2002
report, "Bruce
Rath addressed the Council, stating a concern he has with obtaining public
information from Town Hall. He stated he had made a request for
information, following up on his request twice, and that the information
has not been provided. (Emphasis added.)
"Mayor Parnell stated that the office of the
Public Works Director was in complete disarray and that since assuming
office Jamieson Van Eaton has made great progress in getting the office
organized. The Public Works Director indicated that he was aware of the
request, that he had been busily organizing the office since his arrival
and that he was currently in the process of reviewing the file in order to
digest it and to provide the required disclosures.
"
Author
Harry J. Gensler explains the Golden Rule which "... is endorsed by
all the great world religions; Jesus, Hillel, and Confucius used it to
summarize their ethical teachings. And for many centuries the idea has
been influential among people of very diverse cultures. These facts
suggest that the Golden Rule may be an important moral truth.
"The Golden Rule is best interpreted as saying:
"Treat others only in ways that you're willing to be treated in
the same exact situation. To apply it, you'd imagine yourself in the exact
place of the other person on the receiving end of the action. If you act
in a given way toward another, and yet are unwilling to be treated that
way in the same circumstances, then you violate the rule.
Apparently
Bruce Rath has no imagination, or memory, and has no problem violating the
Golden Rule. The minutes of February 25, 2002 also tell us, "Councilmember
Jarrett acknowledged the importance of being responsive to public
information requests."
Why Bother with
Laws?
by Dixie A. Walter
September 12, 2004
My View
Why won't the Town of Eatonville follow state
law and respond to my latest requests for public records? The
only answer I can come up with is that they aren't happy with the public
documents I have asked for. The town's attempt to keep information from me
keeps information from you also, dear reader. As taxpayers and active citizens of this community we have every
right to know what is happening with our tax dollars and other important
issues facing the town.
Up until January 2004 I had no problems with
the town regarding public records. The trouble started January 16 when I
personally asked to see some correspondence between then Public Works
Director Jamieson Van Eaton and the town during January. I was told by
then Mayor Pro-tem Ray Harper that a letter I requested was being withheld
because it contained medical information and was not available as a public
record.
In fact, on January 21, I filled
out a public records request form for all correspondence between Van
Eaton and the town. On January 26 I was told in a letter by Town
Clerk Carrie Lynn Loffelmacher that no such "correspondence" existed.
(Van Eaton himself never spoke to me about this issue.) I knew this to be incorrect as a member of
the staff told me the letter did, indeed, exist and there was no medical
information contained in it. Nor did it contain any information which could be
construed as harmful to the town. This person offered to swear to the
letter's existence in a court of law.
Also on December 12, 2003 I requested a copy
of the town attorney's contract. Before the turn of the year I was
told by the town clerk that she couldn't find the contract and would
contact the attorney's office. Eventually I received the contract but not
before I had to ask again on March 23, 2004.
Although I had been told no correspondence
existed between the town and Van Eaton, I was eventually given a copy
of a letter to the town concerning Van Eaton's return to town employment. However, this was only after
I explained to the town that according to state law the town could not
withhold the information I was requesting, but could give the letter with
private information redacted (edited/blacked out). This letter was not the
letter I was requesting and to this day I have not received that
particular document.
After twice (July 26 and August 9)
verbally
asking the town council for the number of ERUs (water
hookups) left in town, I was told to fill out a public records request
form. This I did August 10 and by August 23 I still had received no answer.
I again verbally asked the council for the number of ERUs and
finally received an answer August 24 - two days shy of a month from my
first request. At least one councilmember told me an advisory committee
had also asked for the number of ERUs remaining and had not received them.
Are
Laws Really Just Made to be Broken?
Now the town has once again broken state law regarding my latest public
records requests. On August 24, I requested "any and all pay
vouchers and copies of all checks paid to those involved in the recent
town hall remodel." As I write this it has been twelve days since
that request and I have heard nothing.
On August 30, I requested the "Site
Development Plan and SEPA Checklist for the Alder Street/ Skateboard
Park." This request is nine days old as of this date. And again, I
have heard nothing from the town.
State law is very specific about
"Prompt responses required." RCW 42.17.320 states, in part, "Responses
to requests for public records shall be made promptly. Within five
business days of receiving a public records request..."
This does not necessarily mean the request
must be filled within five business days, it means several things. The
requesting party gets the pubic document asked for, the requesting party
receives notification from the public agency that the request may take
more than five days to fill, the public agency needs clarification about
the records requested or the request is denied. According to the RCW,
"Denials of requests must be accompanied by a written statement of
the specific reasons thereof." Both the August 24 and August 30
requests are date stamped "Received...Town of Eatonville."
Why won't the town follow the law and respond
to my public records requests? Again I say, the only answer I can come
up with is that someone is not happy with the requests I have made. Why do
you suppose that might be?
If
Eatonville Breaks State Law, Why Not Town Law Too?
The
town is also breaking their own law by insisting, for some reason, that
ENN must pay for council and planning commission packets. First I
received a bill saying I must pay $50 per packet, which would work out to
about $200 per month. Resolution-PP of the Town of Eatonville states that
"Gov/Media" is "exempt" from buying these packets.
Non-government/non-media citizens are expected to pay $55 per year
according to the resolution.
When I questioned this at the August 23 council
meeting, my question was not answered. After the meeting I asked the
town clerk why I was being billed in this manner. She said I wasn't being
billed per packet, that the reason it looked, on the invoice, as if ENN
was being billed weekly, was because she was required to put the numeral
"1" in front of the billing, as she was using the
"Excel" program. Go figure.
One action taken by the council on August 23 was to
declare The News Tribune a secondary paper of record. Meaning that
paper, as well as the Dispatch, will run legal notices for the town. It's
that simple. However, the clerk told me the reason ENN was being
charged was because the council took the above mentioned action.
This was a bit confusing, as the first invoice charging ENN $50 per
packet (council/planning commission) is dated August 11, twelve days
before the council action, which the clerk seemed to think validated her
billing. On August 23 ENN was sent another invoice stating the $50 was for
each packet, council and planning commission, for the entire year and to
"Please disregard previous invoice."
Because "previous invoice" (and the second
invoice) obviously breaks town law, I asked Town Attorney Bob Mack if
he could explain why ENN was now being charged for "packets."
His answer on August 28 was: "The official
newspaper ordinance amendment had to do with adding a daily newspaper as a
backup to the current weekly paper of record. Whether someone's website or
other publication qualifies as a newspaper or "press" wasn't the
subject of the ordinance amendment, as far as I understood." So what
does that mean?
Town law says "gov/media" doesn't have to
pay for governmental packets. If the town continues to deny ENN free
packets, according to their laws, then the law must be changed. I think
changing the law to make it more difficult for some media to obtain public
information wouldn't be the best public relations move a town council
could make. Oops, almost forgot: ENN is a free news source and is a
community service.
If Eatonville blatantly breaks town laws regarding
pubic records, which other laws (if any) are being broken? And
is breaking the law "Okay?" I believe "law-abiding"
citizens in town would answer, "No." But I can't speak for
everyone.
In a nutshell: ENN asks for important public information
from your town government so you don't have to do the research. (Raise
your hand if you work outside your home, and don't have time to examine
everything in front of your town council.) This is Information which
citizens are entitled to by federal, state and town law, yet ENN is now
ignored. I must ask again, "Why?" If there is nothing to hide ,
why does the town act as if there is something to hide? Freedom of Information
- Why is that frightening to some public officials?