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Posts for Joe Levan

Washington Supreme Court Upholds Per Page Penalties Under the Public Records Act

March 31, 2016  by  Joe Levan
Category:  Court Decisions and AGO Opinions ,  Public Records Act

In a recently issued 5-4 decision, the Washington Supreme Court, in Wade’s Eastside Gun Shop, Inc. v. Department of Labor & Industries, interpreted the Public Records Act (PRA) in a manner that provides very broad discretion to courts to impose appropriate penalties for illegally withholding public records. According to the four dissenting justices (see below), that discretion is now so broad that it is, arguably, without limit. The Supreme Court upheld the trial court’s imposition of per page penalties against the Washington State Department of Labor and Industries (L&I), which amounted to penalties of over a half a million dollars. This decision is likely to have far-reaching implications.

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Some Public Records Act Insights from 2015

January 7, 2016  by  Joe Levan
Category:  Public Records Act

This blog post examines significant Public Records Act court decisions and other developments from 2015, with a particular focus on electronic records and use of personal electronic devices.

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New Property Disclosure Requirements Will Impact Some Cities and Counties

September 25, 2015  by  Joe Levan
Category:  New Legislation and Regulations

Although EHB 2122 relates primarily to real estate excise taxes, it includes requirements for cities and counties that require disclosures by landlords and sellers of real property to buyers and tenants regarding the property and surrounding area.

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The PRA Applies to Work-Related Texting on a Personal Cell Phone

August 28, 2015  by  Joe Levan
Category:  Court Decisions and AGO Opinions ,  Public Records Act

In a highly anticipated decision on the Public Records Act (PRA), the Washington Supreme Court on August 27, 2015 issued its opinion in Nissen v. Pierce County. The court, in a unanimous decision that includes some revelations, held that “text messages sent and received by a public employee in the employee’s official capacity are public records of the employer, even if the employee uses a private cell phone.”

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Court Clarifies How the PRA Can Apply to Contractor Records

July 22, 2015  by  Joe Levan
Category:  Court Decisions and AGO Opinions ,  Public Records Act

A recent Washington State Court of Appeals decision, Cedar Grove Composting, Inc. v. City of Marysville clarified the extent to which contractor records can be subject to the Public Records Act (PRA).

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PRA Employment Records Exemption Applies to Former Employees

June 3, 2015  by  Joe Levan
Category:  Public Records Act

What if someone makes a PRA request for records related to a former employee? Do these exemptions still apply? In a recent decision, the Washington State Court of Appeals held that these exemptions apply not only to current employees, but also to former employees.

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Important New Guidance Issued Regarding Agency Text Messaging

April 24, 2015  by  Joe Levan
Category:  Public Records Act

In 2015, the Washington State Archives released important Advice Sheets regarding texting, which local government officials and staff should thoroughly review.

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Are Personal Notes Public Records Under the Public Records Act?

February 19, 2015  by  Joe Levan
Category:  Public Records Act

If you're a local government official or employee and you take notes at a meeting for your personal use, are those notes considered public records? It depends on how the notes are created, used, and retained.

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Levan’s Lens on the Public Records Act – 2014

December 23, 2014  by  Joe Levan
Category:  Public Records Act

The end of the year provides an opportunity to look back over Public Records Act (PRA) legislative and case law developments from 2014. Here are some key points that I think are noteworthy for Washington local governments.

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Privacy Rights, the Public Records Act, and Unanswered Questions

September 19, 2014  by  Joe Levan
Category:  Public Records Act

In a highly anticipated court decision that was issued recently, the Washington State Court of Appeals had an opportunity to address important unanswered questions related to what privacy rights a public official has under the Public Records Act (PRA)...

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SPD Officers, courtesy of Martin.

Washington Supreme Court Narrows Public Records Act Investigative Records Exemption

January 22, 2014  by  Joe Levan
Category:  Public Records Act

As 2013 came to a close, the Washington Supreme Court issued a 5-4 decision in Sargent v. Seattle Police Dep’t, __ Wn.2d __ (2013), that, for some, upends their long-held understand of how to apply the "investigative" exemption...

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