Dark Cloud over Government E-mail
Posted by Mike Reitz - January 22, 2008A King County judge has issued a bad ruling on a public records issue. Last year a citizen requested several e-mails exchanges by school employees from the Seattle Public Schools. The Seattle Education Association opposed the request, and last Friday the judge exempted the e-mails from disclosure.
We believe that public business conducted on public computers should be open to public scrutiny. Last year EFF won a case on the question of whether collective bargaining records are subject to disclosure. Attorney General Rob McKenna’s model rules for open government state that e-mail is a “writing” for purposes of the Public Records Act.
So last Friday’s decision to seal union e-mails is curious. The judge says the e-mails are “not public records” for purposes of the Public Records Act and cannot be released.
Even more disturbing—according to the private citizen who requested the records, the Seattle Public School attorney offered only a half-hearted defense against the union, saying during the hearing he had no comment on the matter, and he would not defend the issue as his intention was to comply with the court’s order.
This provides a blueprint for all those who love government secrecy. A citizen requests specific documents. An interested third party sues to prevent disclosure. The government entity throws up a weak defense, and the records are sealed by the court. Unless a private citizen has thousands of dollars to intervene, the cause of open government is subverted.
We’ll have more to say on this case.
Thoughts? Add Comment -
George Smith said on Jan 23 2008 at 1:33pm
Need an address to donate to legal fund. Sue them and for legal expenses!!
Joel Johnston said on Jan 23 2008 at 4:30pm
Please post an email that donations can be sent to for appealing this decision and fighting the fight for these records.
Also, please name the judge, so we know not to vote for him/her, as if they really come up for reelection.
Mike Reitz said on Jan 29 2008 at 9:12am
The order was issued by Judge Julie Spector.