A King County Superior Court judge last week ruled in favor of the City of Burien in a Public Records Act lawsuit over records connected to then-City Manager Adolfo Bailon’s six-month performance evaluation.
Judge Maureen McKee denied plaintiff Charles Schaefer’s motion for summary judgment and granted the City of Burien’s motion for summary judgment in an order signed May 12 and filed May 13 (Schaefer is not related to South King Media’s Scott Schaefer).
As we previously reported, the case stemmed from a Sept. 25, 2023 public records request seeking “all council and staff feedback on the city manager’s evaluation as well as any records summarizing the results of the evaluation.”
In response to the request, the city released a six-month performance evaluation summary dated Aug. 10, 2023, along with an exemption log identifying five withheld documents.
The withheld records included worksheets, survey summaries, interview notes and an online evaluation survey related to the city manager evaluation process. The city argued the records were exempt under several provisions of state law and additionally claimed the documents were not responsive to the request.
The court reviewed the withheld records privately through an in-camera review (in which a judge privately examines disputed records before deciding whether they should be released publicly) before issuing its decision.
In the ruling, McKee agreed with the city’s interpretation that the request sought feedback “on” the Aug. 10, 2023 evaluation itself, rather than feedback gathered for use in preparing the evaluation.
“The ordinary meaning of ‘feedback’ is comments or reactions provided in response to an evaluation,” the order stated while citing arguments made by the City of Burien.
The judge found each of the five disputed documents contained feedback about the city manager or materials used during the evaluation process, but did not contain reactions or comments about the final Aug. 10, 2023 evaluation summary itself.
McKee also addressed Schaefer’s reliance on the Washington Court of Appeals case Spokane Research & Defense Fund v. City of Spokane, which found that city manager evaluations can be subject to public disclosure because city managers are public figures and chief executive officers.
The judge wrote that if Schaefer had made a broader request similar to the Spokane case, the court “would likely have concluded” the records should be disclosed because the Burien city manager’s performance is a legitimate matter of public concern.
However, because the court determined the records were not responsive to the wording of Schaefer’s request, McKee said the court did not need to rule on the city’s additional exemption claims under state law or arguments involving executive session confidentiality and breach of contract.
Ruling Leaves Door Open for New Records Request
The case is over, but as the judge indicated in the order, if Schaefer had phrased his request differently, there might have been a different outcome.
“I plan to rephrase and make another public records request and we’ll see if the city is willing, now that Mr. Bailon is on his way out, to release the records,” Schaefer told The B-Town Blog. “If not we might end up spending another year or more in litigation. Obviously I disagree with the decision but I respect the ruling of the court and I give credit to Assistant City Attorney Diagana for doing what a good attorney is expected to do and coming up with several arguments and finding one that resonates with the court.”
Can we be done now with these ridiculous witch hunts? We need to reinstate Adolfo to do his job, put bruised egos aside, and work together for Burien. Take Sherlock Holmes off the case of digging up dirt and wasting money that Burien doesn’t have. Also, fix the darn sidewalks. Remember, senior citizens are people, too!
@Kathy McNee, Agree!
Does anyone know the exact count these “bruised egos” have filed against the city?
And Charles says..“I plan to rephrase and make another public records request and we’ll see if the city is willing, now that Mr. Bailon is on his way out, to release the records,” Schaefer told The B-Town Blog. “If not we might end up spending another year or more in litigation. Obviously I disagree with the decision but I respect the ruling of the court and I give credit to Assistant City Attorney Diagana for doing what a good attorney is expected to do and coming up with several arguments and finding one that resonates with the court.”
OMG you all got what you wanted, Adolfo is out of office why can’t you just let it go!? Don’t you realize every time you file with the KC Courts our city Attorney has to do their job and spend money that the City of Burien doesn’t have! You say or think this is for the city…is it really.
So this is a vote to remove Charles Schaefer? (AGAIN)
Got it. Was wondering when this would come around – much needed.