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Posts for P. Stephen DiJulio

What is an Agency's Obligation When a Records Request May Suggest Requester's "Commercial Purpose"?

May 9, 2016 by P. Stephen DiJulio
Category: Guest Author , Public Records Act

A summary of the court's decision in SEIU Healthcare v. DSHS and Freedom Foundation and what that means for public records disclosure requests.

Lack of “Serious Independent Analysis" of Exemptions Can Result in Finding of Bad Faith Under PRA

September 29, 2015 by P. Stephen DiJulio
Category: Guest Author , Court Decisions and AGO Opinions , Public Records Act

In Adams v. Washington State Department of Corrections, the Court of Appeals held that for purposes of penalty calculation for agencies that do not comply with public records requests under RCW 42.56.565(1), an agency will be punished for “bad faith” if it fails to engage “in any serious independent analysis of the exempt status of documents.”

Washington Court Holds Ballots Secret and Not Subject to Public Disclosure

August 25, 2015 by P. Stephen DiJulio
Category: Guest Author , Public Records Act

The 2015 court decision White v. Skagit County and Island County concluded that ballots are exempt from disclosure due to the vital government function of holding secret ballot elections.

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