HomeMy WebLinkAboutJoe D'Amico Stipulation and Order of Dismissal 2018Leslie Locke
From: Philip Hunsucker
Sent: Monday, May 14, 2018 1:18 PM
To: Rose Ann Carroll; Brenda Huntingford; Ann Knox; Leslie Locke; Philip Morley
Cc: Michael Haas
Subject: Dismissal Orders for Two D'Amico Public Records Act Cases
Attachments: 2018 05 09 Stipulation and Order of Dismissal - signed.pdf, 2018 05 09 Stipulation and
Order of Dismissal - signed.pdf
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Attached are the signed orders of dismissal for both cases. As a reminder, there will be no settlement
agreement. These dismissals document both the settlement and the dismissal of the cases.
If you have questions, please let me know.
Philip
Philip C. Hunsucker
Chief Civil Deputy Prosecuting Attorney
Jefferson County Prosecuting Attorney's Office
P.O. Box 1220, Port Townsend, WA 98368
Ph: 360-385-9180 Fax: 360-385-0073
All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law
found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for
inspection) of this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws.
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FILED
CLALLAM COUNTY
MAY 0 9 2016
BARIMM CHRISTENSEN CLERK
SUPERIOR COURT OF WASHINGTON
FOR CLALLAM COUNTY
JOSEPH N. D'AMICO, No. 18-2-00349-05
Plaintiff,
vs.
JEFFERSON COUNTY, a Washington
municipality,
Defendant,
STIPULATION
AND ORDER OF DISMISSAL
I. STIPULATION
The parties to this action, by their attorneys of record, stipulate that: (1) the above
captioned action shall be dismissed with prejudice as a result of a settlement between the
parties where the defendant admitted no liability and, in fact, disputed it had any liability,
2) without an award of attorney's fees or costs to either party, and (3) presentation of this
order is waived.
STIPULATED
ORDER OF DISMISSAL
WITH PREJUDICE - 1
SECURITY SERVICES NORTHWEST, INC.
P.O. Box 660
Port Townsend, WA 98368
800)859-3463
areg@ssnwhq.com
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By:
GN r
Greg OvgAueet, WSBA No. 26682
Counsel for Plaintiffinti
Dated: J`./ 16
STIPULATED
ORDER OF DISMISSAL
WITH PREJUDICE - 2
And by:
Or
Philip Hunsucker, WSBA No. 48692
Counsel for Defendant
Dated: y 3v
SECURITY SERvICE3 NORTHWEST, INC.
P.O. Box 660
Port Towmend, WA 98368
800) 859-3463
greg@ssnwhq.com
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II. ORDER
Based on the above stipulation of the parties, It Is Ordered:
1. The above captioned action is dismissed with prejudice; and
2. No award of attorney's fees or costs shall be made to either party.
STIPULATED
ORDER OF DISMISSAL
WITH PREJUDICE - 3
ERIK S. ROHRER
Judge/Ge e
Entered thisdy of , 2018.
SECURITY SERVICES NORTHWEST, INC.
P.O. Box 660
Port Townsend, WA 98368
800)859-3463
greg@ssnwhq.com
0 coON Ssf District No. 1 Commissioner: Kate Dean
gS C'G Q District No. 2 Commissioner: David W. Sullivan
District No. 3 Commissioner: Kathleen Kler
W " County Administrator. Philip Morley
Clerk of the Board: Erin Lundgren
SIIING MINUTES
Week of April 16, 2018
Chair David Sullivan called the meeting to order at the appointed time in the presence of
and Commissioner Kate Dean. Commissioner Kathleen Kler joined the meeting at 9:48 a.m.
PUBLIC COMMENT PERIOD: The following is a summary ofcomments made by
individuals in attendance at the meeting and reflect their personal opinions:
Two individuals commented on the negative effects of the odor from the Port Townsend Paper Mill;
An individual commented on how regulations in Jefferson County affect business developers and if
Jefferson County wants more revenue we need to deal with this issue;
An individual: 1) refuted comments made by a previous speaker regarding Jefferson County regulations
affecting businesses; and 2) announced that the Democratic Party is hosting an economic forum titled
Jobs Jobs Jobs" on Tuesday, April 24, 2018 at 6:00 p.m. at the Port Ludlow Beach Club;
An individual: 1) stated it is difficult to hear Chair Sullivan and asked that he pull his microphone
closer; and 2) announced that the Washington State Ferries will be conducting a public open house this
Thursday, April 19, 2018 at 5:00 p.m. at the Cotton Building to describe the efforts to develop a long
range plan for Washington State Ferries that will extend through 2040;
An individual: 1) commented on the local food system; 2) discussed the Draw Down Eco Challenge
project which includes 80 -rank ordered solutions for climate change; and 3) asked that the
Commissioners consider changing regulations in the Comprehensive Plan that allow farmers to create
more food;
An individual: 1) discussed the Draw Down Eco Challenge project and methods to reduce global
warming; and 2) asked that while the Commissioners review the Comprehensive Plan and other
policies that they keep in mind those policies that will save farmland, keep Jefferson County from
becoming a bedroom community for urban workers, and encourage farmers to farm in ways that
provide local food and local jobs;
An individual commented on shooting at the Sportsmen's Club and the proposed shooting facility in
the Tarboo Valley. He stated an indoor gun range is the answer and suggested revising the hours for
shooting to allow neighbors to schedule events around the noise;
An individual asked that the County publish the meeting schedule of the newly created Review
Committee on Commercial Shooting Facilities; and
An individual commented on the Coast Guard shooting training and stated there is no other place for
them to go.
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Commissioners Meeting Minutes of April 16, 2018
APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Dean
moved to approve all the items on the Consent Agenda as presented. Chair Sullivan seconded the
motion. The motion carried.
1. AGREEMENT re: Boundary Line Agreement to Accurately Describe the Boundary for Parcel No.
002344009 Located East of Gardiner Beach Road between Old Gardiner Road and Highway 101;
No Dollar Amount; Jefferson County Central Services and Jefferson County Assessor; Lassen
Properties, Inc.
2. AGREEMENT re: Search Engine Optimization; In the Amount of $5,000; Jefferson County Public
Health; Apiary Digital
3. Payment of Jefferson County Vouchers/Warrants Dated April 9, 2018 Totaling $417,488.61
4. Payment of Jefferson County Payroll A/P Warrants Done by Payroll Dated April 5, 2018
Totaling $777,452.01 and Dated April 6, 2018 Totaling $142,387.54
APPROVAL of MINUTES: Commissioner Dean moved to approve the Regular
Meeting Minutes of February 12, 20 and 26, 2018 and March 5, 2018 and the Special Meeting Minutes
of February 5, 2018 as presented. Chair Sullivan seconded the motion. The motion carried.
Commissioner Kler joined the meeting at 9:48 a.m.
DISCUSSION re: Preparing Action Only Meeting Minutesfor the Board ofCounty
Commissioner Meetings: County Administrator Philip Morley explained that staff suggests preparing
Action Only meeting minutes with the exception that more detailed minutes will be prepared for the
Public Comment Period, Public Hearings, meetings not held in the Board of County Commissioners'
Chambers and recorded with the AVCapture system, and any other meeting or agenda item as needed or
requested.
After further discussion, Commissioner Kler moved to allow staff to prepare Action Only meeting
minutes with the exceptions previously noted. Commissioner Dean seconded the motion which carried
by a unanimous vote.
The format of the meeting minutes will be reviewed by the Board prior to approval and may be changed
as the Board deems appropriate.
The meeting was recessed at 10:01 a.m. and reconvened at 10:14 a.m. with all three
Commissioners present.
COMMISSIONERS BRIEFING SESSION: The Commissioners reported on their
meeting schedules and discussed various topics including the Rhododendron Festival Carnival. After
discussion, County Administrator Philip
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Commissioners Meeting Minutes of April 16, 2018
Morley stated that meetings will be held with the City of Port Townsend and other agencies to discuss
the location of the carnival in the future.
The meeting was recessed at 11:22 a.m. and reconvened at 1:30 p.m. with all three
Commissioners present.
EXECUTIVE SESSION: An Executive Session was scheduled from 1:30 p.m. to
2:15 p.m. with the Prosecuting Attorney, Chief Civil Deputy Prosecuting Attorney, Special Deputy
Prosecuting Attorney, County Administrator, Central Services Director and Public Records
Administrator regarding Attorney -Client Privilege, Potential Litigation under exemption RCW
42.30.110(1)(i) as outlined in the Open Public Meetings Act. The actual period of time the Board met in
Executive Session on this topic was from 1:31 p.m. to 2:15 p.m. At the conclusion of the Executive
Session the Board resumed the regular meeting.
Chair Sullivan moved to approve a Settlement Agreement with Mr. D'Amico in the amount of $6,165,
and provide an unredacted document without admitting any liability, since we do not believe the record
is a public record, but the amount of the settlement is less than the likely cost of litigation; and to direct
that the Prosecuting Attorney's Office provide a written acceptance of the offer before the close of
business today. Commissioner Dean seconded the motion. Chair Sullivan and Commissioner Dean voted
in favor of the motion. Commissioner Kler abstained from voting. The motion carried.
COUNTY ADMINISTRA TOP. BRIEFING SESSION: County Administrator Philip
Morley reviewed the following with the Board.
DISCUSSION re: Letterfor Criminal Justice Treatment Allocations: County
Administrator Morley discussed and read aloud the draft letter. Commissioner Kler moved to approve
sending a letter to the Washington State Department of Social and Health Services Behavioral Health
Administration regarding administration ofthe Criminal Justice Treatment Account. Commissioner
Dean seconded the motion which carried by a unanimous vote.
County Administrator Philip Morley excused himself from the meeting at 2:29 p.m. The Board
discussed the following.
Miscellaneous Items:
Pleasant Harbor Master Planned Resort; Regulations and Development Agreement and letter
from Garth Mann
Brinnon sewer issue
Port Hadlock sewer
Public Infrastructure Fund Board
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Commissioners Meeting Minutes of April 16, 2018
NOTICE OF ADJOURNMENT: Commissioner Kler moved to adjourn the meeting at
2:57 p.m. until the next regular meeting or special meeting as properly noticed. Commissioner Dean
seconded the motion which carried by a unanimous vote.
Cft
ATTEST:
2C
rin Lundgren, MC
Clerk of the Board
JEFFERSON COUNTY
BOARD OFOMMISSIONERS
Z %
Davi u i ai
a5kwlt&I
Kaffilech Kler, Member
Kate Dean, Member
Page 4
Philip Morley
1820 Jefferson Street
PO Box 1220
Port Townsend, WA 98368
NEWS RELEASE
FOR IMMEDIATE RELEASE CONTACT:
April 16, 2018 Philip Morley, County Administrator (360) 385-9100
JEFFERSON COUNTY SETTLES POTENTIAL PUBLIC RECORDS ACT
LITIGATION
On Monday, April 16, 2018, the Jefferson County Board of Commissioners voted to settle
potential public records act litigation with Joseph D'Amico. In agreeing to the settlement, the
County disputes any violation of the State's Public Records Act, but determined that the cost of
litigating the issue would likely be much more than the settlement amount of $6,165.
In accepting Mr. D'Amico's settlement offer, the County disagreed with Mr. D'Amico's claims,
but will pay Mr. D'Amico $6,165 in attorney's fees and filing costs, and will provide to him an
unredacted copy of a personal email he had requested from Commissioner Kathleen Kier, and
that Commissioner Kier and the County had previously provided with redactions of personal
health-related information.
The public records dispute arose out of a January 8, 2018 request by Mr. D'Amico for any
communications in County Commissioner Kathleen Kier's campaign or personal email accounts
related to county business, especially in regard to a shooting moratorium and other search
terms mentioned in recent requests for Kler's communications records, including any of the
following 38 terms:
Tarboo, Tarboo Lake, Lake Tarboo, Tarboo Ridge, Old Tarboo Road, Tarboo Road, TRC,
Tarboo Ridge Coalition, Joe D'Amico, Fort Discovery, SSNW, Security Services NW,
Security Services, Robin Ornelas, Gabe Ornelas, Ralph Ornelas, Discovery Bay Alliance,
Discovery Bay Coalition, Reed Gunstone, Larry Setchell, Anna Phillips, Art Frank, Sheriff
Stanko, David Greetham, Patty Charnas, David Wayne Johnson, Cedar Hills, Cedar Hills
Recreational Facility, Moratorium(s), shooting, shooting ranges, Jefferson County
Sportsman Association, Gun Club, John Austin, noise, noise complaints, sounds of
gunfire, Pope Resources.
MORE —
Phone (360) 385-9100 Fax (360) 385-9382 pinorleyCz :co.jefferson.wa.us
This one request by Mr. D'Amico was in addition to thirty-five other Public Records Requests
Mr. D'Amico had already filed on January 4, 2018, some requesting County records as far back
as January 1, 2009.
Commissioner Kier searched each of the 38 terms in her personal home email account, and
provided copies of the emails to the County. On March 12, 2018, the County gave Mr. D'Amico
34 emails that contained any of the terms of his request. Of those emails, only three had not
previously been routinely forwarded by Commissioner Kier to her official County email account
as pertaining to county business. Of the 34 emails provided to Mr. D'Amico, 33 were provided
in their entirety. One email provided in the spirit of transparency and fullest assistance was not
a public record, but was a 2016 personal email exchange between two personal friends,
Kathleen Kier and Robin Ornelas. That email was provided to Mr. D'Amico on March 12 with
redactions of personal health information between the two friends. One comment obliquely
referencing Mr. D'Amico that was interjected by Ms. Ornelas in the midst of the exchange of
personal health information was left unredacted, so that Mr. D'Amico would be able to read it.
Ms. Kier did not subsequently respond to Ms. Ornelas' 2016 email, nor as a Commissioner did
she follow up or use the side comment referencing Mr. D'Amico that Ms. Ornelas had made.
Mr. D'Amico demanded to see the unredacted email, or for the County to provide a Public
Records Act exemption log for the redactions, on the assumption that the email was a public
record, rather than a personal email. On April 10, Mr. D'Amico filed in Cla{lam Superior Court a
Complaint for Violation of Public Records Act." On the same day, his attorney Greg Overstreet
made a settlement offer to Jefferson County Prosecuting Attorney Michael Haas to settle the
claim for $6,165.
In approving Mr. D'Amico's settlement offer, and to avoid expensive litigation, the County first
sought and received the permission of Ms. Kier and Ms. Ornelas to disclose their personal
information to Mr. D'Amico. A motion to approve the settlement offer was approved by the
Board of County Commissioners in open session, after an executive session with legal counsel.
Commissioners Sullivan and Dean moved and voted to approve the settlement. Commissioner
Kier abstained from the vote.
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