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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.

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.

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.

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.”

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).

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.

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.

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.

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.

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)...

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...

Is the Public Records Act Working? Can it Be Improved? Let’s Find Out.

September 25, 2013 by Joe Levan
Category: Public Records Act

An important effort is currently underway that I think merits the particular attention of local government officials and employees throughout Washington state. This collaborative effort relates to exploring improvements to our state’s Public Records Act (PRA), chapter 42.56 RCW.

Washington Supreme Court Misses an Opportunity in Public Records Act Decision

May 30, 2013 by Joe Levan
Category: Public Records Act

In Resident Action Council v. Seattle Housing Authority, the state Supreme Court went to great lengths to describe how public records exemptions are applied, but it did not distinguish between exemptions and prohibitions to disclosure, an issue that many find confusing.

Email and the OPMA: Key Tips for Local Government Elected Officials

March 22, 2013 by Joe Levan
Category: Open Public Meetings Act

At the outset, I recognize that some issues under the Open Public Meetings Act (OPMA) (chapter 42.30 RCW) can be especially challenging for local government elected officials who serve on a three-member governing body, since communications between any two such members can constitute a meeting under the OPMA. But what specific types of communications are we talking about here?

Employment Law Alert: Washington High Court Issues Important Decision on Rest Breaks and Overtime Pay

January 31, 2013 by Joe Levan
Category: Compensation

Are employees owed overtime pay if they work through rest periods that the employer is required by law to provide? The Washington Supreme Court’s decision in Wash. State Nurses Ass'n v. Sacred Heart Med. Ctr., 175 Wn.2d 822 (2012) addresses the issue.

2012 End of Year Public Records Alert

December 12, 2012 by Joe Levan
Category: Public Records Act

As 2012 draws to a close, I want to call to the attention of local government officials and staff members some recent developments related to public records law and requirements that I think are particularly significant.
In previous posts on this blog, I have written about a few key court decisions that I think provide useful guidance on public records issues that are commonly faced by...

Recent Court Guidance on What Constitutes a Public Record under the Public Records Act

September 20, 2012 by Joe Levan
Category: Public Records Act

While it is often clear what is a public record under the PRA, the issue of what is not a public record is less clear and sometimes overlooked. The 2012 court decision West v. Thurston County provides a helpful analysis to help determine what is, and is not, a public record under the PRA.

Five Tips on Supporting a Ballot Proposition

July 30, 2012 by Joe Levan
Category: Elections

This blog post provides five tips to help guide elected officials and staff over the – at times – rocky shoals of state election and campaign law.

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