Spokane settles records case

The city of Spokane will pay $40,000 to an animal rights organization to settle a lawsuit that accused the city of violating the Public Records Act.

The dispute arose from a records request made Jan. 30, 2003, by attorney Cheryl Mitchell, who represents Animal Advocates of the Inland Northwest, for all animal control complaints filed with the city for five years.

Mitchell said when the city did not respond to her within the required five days she went to City Hall and was given some of the records she wanted. But it took a couple of years and several more requests for the city’s full response, she said, adding that she does not believe in the end that she got everything.

“I just kept making request after request after request,” Mitchell said. “It just became so frustrating to try to get any records from the city, and that’s why it went on for so long.”

Assistant City Attorney Tim Szambelan said the city had difficulty tracking the records because complaints were kept in more than one location, including the public works department, the mayor’s office and at SpokAnimal CARE, the organization that contracts with the city to provide animal control services. He said he believes Mitchell has since been given everything she requested.

“We did not have the best system set up,” Szambelan said. “We could have done a better job and that’s what we’re striving for, making sure we are in full compliance under the open records act.”

The settlement required the city to create a standard complaint form that will be available at City Hall and at SpokAnimal. All of the complaints will be kept in the public works department.

Mitchell said she made the records request because Animal Advocates had heard numerous complaints about SpokAnimal and wanted her to find out if there was a widespread problem.

The required changes to the city policy will make tracking complaints easier said Bonne Beavers, an attorney for the Center for Justice, which handled the lawsuit.

“It didn’t look like there was appropriate oversight,” Beavers said.

The lawsuit was filed almost a year ago. The settlement was finalized May 13.

Mitchell said she asked the Center for Justice to handle the records lawsuit because of its experience with public records cases, including one that was resolved last year.

In October, the Spokane City Council agreed to pay journalist Tim Connor, Camas Magazine and its publishers $299,000 for withholding nearly 90 public documents related to the River Park Square parking garage deal. The mall is owned by the Cowles Company, which also owns The Spokesman-Review.

As part of that agreement, the city admitted to violating the law and issued an apology.

The city did not admit guilt in the Animal Advocates settlement. The City Council will not have to approve the agreement because the payout is less than $50,000, Szambelan said.

“I’m satisfied that it’s probably the best outcome there could be,” Mitchell said.

Attorney fees will cover most of the settlement price, with $10,000 going to the Center for Justice and $20,000 to Mitchell. The rest will go to Animal Advocates.