Deadline Looms For Appeal Over Pupo Ruling Results Of Evaluation Will Be Made Public Tuesday If Council Doesn’T Fight Decision

Spokane City Council members are expected to consider today whether to appeal a recent Superior Court ruling making part of City Manager Bill Pupo’s evaluation public.

City attorneys and some council members say the decision to release the evaluation results could have a chilling effect on involving citizens in evaluating public officials in the future.

“It is a very important decision,” said City Councilman Jeff Colliton. “I will recommend that we go ahead and appeal it because of the far-reaching implications.”

Earlier this year, the council asked more than 100 citizens, businesses, public agencies, community groups and city employees to evaluate the city manager.

The results were tabulated and summarized in a report by a consultant hired by the City Council. The council considered the results along with other factors in making its decision to retain Pupo.

Requests to make public the summary of those evaluations were denied by the city.

Spokane Attorney Stephen Eugster filed a lawsuit, arguing that the tabulated results are of legitimate public concern and would not compromise Pupo’s privacy or identify anyone who participated in the evaluation.

Superior Court Judge James Murphy agreed and ordered the city to make the records available.

The evaluation summary will remain confidential until the City Council decides whether to appeal Murphy’s decision.

If the council decides not to appeal, the results will be made public by Tuesday afternoon. If the council does appeal, it could be at least a year before a decision is reached.

Murphy’s decision could impact other public managers, such as school district superintendents, state and local of ficials, according to Assistant City Attorney Laurie Flinn Connelly.

Connelly said there are at least two issues to consider. One is whether the Superior Court decision applies only to someone in the city manager position or if it extends to other public employees. The other issue is whether releasing the results harms the council’s ability to evaluate the city manager effectively in the future.

The council is expected to consider the matter during its afternoon briefing, possibly in an executive session.

Some council members contacted Friday had mixed opinions.

Councilman Rob Higgins said it would do more harm than good to release the numbers out of context with the rest of the evaluation.

“Just a numerical rating on someone would mean nothing, it would just create confusion,” said Higgins.

“I think it could be the start of a trend that we just don’t need,” he added.

Mayor John Talbott said he needs more information.

“We have to wait and see what comes out of the discussion and what we will be releasing to the public,” he said. “I want to review what we would be releasing.” Talbott said he expects to call a closed-door meeting to discuss the matter.

But Councilwoman Cherie Rodgers said she favors making the results public.

“I agree with Judge Murphy, the public has a right to see the evaluation,” she said.

“Only the numerical data will be released - that is totally acceptable to me. No names will be released.

“It is people’s worse fear about government, that things are being done behind the scenes,” Rodgers said. “I don’t understand the cloak-and-dagger thing about this.”

WHAT’S NEXT If the council decides not to appeal, the results will be made public by Tuesday afternoon. If the council does appeal, it could be at least a year before a decision is reached.