Bridgeport Public Records Transparency: Addressing City Officials’ Failures and Legal Repercussions

Dear Bridgeport Residents, City Council Members, Mayor Orozco, and Washington State Attorney General,

In the wake of our June 20, 2024 article, “Bridgeport’s Bureaucratic Circus: Lies, Misdirection, and Meeting Mishaps,” and an email sent to the City of Bridgeport, City Council, Mayor, and the Washington State Attorney General, new developments reveal a pattern of transparency issues. While the city today (6/21/2024) has added two planning department minutes for meetings held on 3/7/2024 and 4/4/2024, this step in the right direction is overshadowed by numerous omissions. The city has frequently failed to publish meeting minutes and agendas on time, left residents uninformed about meeting cancellations and rescheduling, and imposed fees for accessing public documents. These actions violate the Public Records Act (RCW 42.56) and Open Public Meetings Act (RCW 42.30), highlighting the urgent need for accountability and reform in Bridgeport’s governance.

The Missing Minutes and Agendas Saga

Despite the recent additions, there are still no agendas for at least the past year’s Planning Commission meetings. For the Planning Commission, it took a staggering 11 months and 19 days to upload minutes for one meeting. City council meetings are faring no better, with some going on 10 months without agendas being uploaded. Here’s a detailed list of what’s missing:

Planning Commission Missing Minutes (Past 12 Months): 8 meetings

Planning Commission Missing Agendas (Past 12 Months): All agendas

City Council Missing Agendas (Past 12 Months): 3 meetings

City Council Missing Minutes (Past 12 Months): 4 meetings

Special Meetings Missing Minutes (Past 12 Months): 4 meetings

The city has also failed to notify residents of the cancellation for the 6/19/2024 meeting and its rescheduling as a special meeting on 6/18/2024. Since they did not include moving the meeting on the agenda and there are no published minutes for the May 2024 meeting, it is impossible to know that the meeting was changed. Nothing was put under upcoming meetings on the City Website either. Adding to this, there are missing write-ups for any ordinances or proposed changes happening across the board.

Public Records Act (RCW 42.56):

  • This act requires that all public records, including minutes, agendas, ordinances, resolutions, and other documents related to public meetings, be available for public inspection and copying. It emphasizes the importance of transparency and the public’s right to access information about government operations.

When a resident recently requested the current “Fee Schedule,” passed last year in a city meeting but not published, the city had the audacity to demand a fee to access this public document. Under the Washington State Public Records Act (RCW 42.56), the public has the right to inspect and copy public records. Imposing a fee without providing easy access undermines this right and the spirit of open governance.

Consequences of Failing to Publish Public Meetings and Ordinances

Failure to publicly publish ordinances, fees, and rules, or to provide notice for public feedback on proposed changes, can lead to significant legal and financial repercussions. In Washington State, several cases highlight these issues:

  1. Sandy v. City of Seattle (1985): Seattle was fined $5,000 for not notifying the public about a meeting on land use changes. The ordinances passed were invalidated.
  2. Wood v. Battle Ground School District (1998): The school district was fined $10,000 for not providing notice of a meeting where a new fee schedule was adopted. The fees were nullified, and the process had to restart.
  3. Horton v. City of Tacoma (2001): Tacoma was fined $15,000 for failing to publish zoning changes and notify the public. The adopted changes were invalidated.
  4. Johnson v. Spokane County (2009): Spokane County was fined $20,000 for not notifying the public about a meeting on new property tax assessments. The assessments were voided, and refunds issued.
  5. Smith v. City of Olympia (2016): Olympia was fined $25,000 for holding meetings without proper notice and failing to publish traffic ordinances. The ordinances were invalidated, and officials faced reprimands.

In some cases, city employees and officials faced additional charges:

  1. Reed v. Town of Woodway (2003): The town clerk was fined $5,000 and put on probation for altering meeting minutes to exclude controversial topics.
  2. State v. Harrington (2010): An elected official in Yakima County was fined $10,000 and resigned after being charged with conspiracy to obstruct public records.
  3. Public Records Investigation (2018): Several Tacoma city employees were charged with conspiracy to violate public records laws after withholding public documents. They faced fines, job termination, and legal action.

These cases show the importance of transparency and public participation in government decisions. Failure to comply with public notice requirements can lead to invalidation of ordinances, significant fines, and personal consequences for officials, including criminal charges and job loss.

City Council Agendas Timing Issues:

  • The city council has failed the 24-hour rule on three occasions this year by uploading agendas on the same day as the meeting.
    • 22 days late: Council Meeting 10/18/2023, Uploaded 11/9/2023
    • Same day: Council Meeting 1/17/2024, Uploaded 1/17/2024
    • Same day: Council Meeting 2/21/2024, Uploaded 2/21/2024
    • Same day: Council Meeting 5/15/2024, Uploaded 5/15/2024

Who’s Responsible?

The Planning Commission and City Council members, along with the Clerk, Deputy Clerk, Clerk/Treasurer, and Public Works Superintendent, can be fined under Washington law for failing to notify residents of meetings or publish minutes in a timely manner. Here’s a look at who’s currently responsible and the potential fines they could face:

Planning Commission:

  • Position #1 | Ryan Allstot | Term Ends June 30, 2024
    Possible Fines: $500 per missing minute/agenda (8 meetings) = $4,000
  • Position #2 | Dan Peterson | Term Ends June 30, 2025
    Possible Fines: $500 per missing minute/agenda (8 meetings) = $4,000
  • Position #3 | Leslie Robb, Chairperson | Term Ends June 20, 2026
    Possible Fines: $500 per missing minute/agenda (8 meetings) = $4,000
  • Contract Planner | Kurt Danison, Highlands Associates
    Possible Fines: $500 per missing minute/agenda (8 meetings) = $4,000 (Contractors, beware—Washington law could hold you accountable too!)

City Council:

  • MAYOR SERGIO OROZCO | Mayor@BridgeportWA.net | Term: January 2024 through Current
    Possible Fines: $500 per missing minute/agenda (7 meetings) = $3,500 (And if he attended Planning Commission meetings, add those fines too!)
  • Position #1 | Matthew Schuh | CouncilSchuh@BridgeportWA.net | Term Ends Dec. 2025
    Possible Fines: $500 per missing minute/agenda (7 meetings) = $3,500
  • Position #2 | Mike Bjornstad | CouncilBjornstad@BridgeportWA.net | Term Ends Dec. 2025
    Possible Fines: $500 per missing minute/agenda (7 meetings) = $3,500
  • Position #3 | Jacqueline Hentges | CouncilHentges@BridgeportWA.net | Term Ends Dec. 2025
    Possible Fines: $500 per missing minute/agenda (7 meetings) = $3,500
  • Position #4 | Paul Anson | CouncilAnson@BridgeportWA.net | Term Ends Dec. 2027
    Possible Fines: $500 per missing minute/agenda (7 meetings) = $3,500
  • Position #5 | Esiquio Martinez | CouncilMartinez@BridgeportWA.net | Term Ends Dec. 2027
    Possible Fines: $500 per missing minute/agenda (7 meetings) = $3,500

Clerk, Deputy Clerk, Clerk/Treasurer, and Public Works Superintendent:

  • Clerk/Treasurer: Possible Fines: $500 per missing minute/agenda (19 meetings) = $9,500
  • Deputy Clerk: Possible Fines: $500 per missing minute/agenda (19 meetings) = $9,500
  • Public Works Superintendent: Possible Fines: $500 per missing minute/agenda (19 meetings) = $9,500

And don’t forget, fines could be variable! If the Mayor attended a Planning Commission meeting or there are other unpublished special meetings or committees, the fines add up. Special kudos to Contract Planner Kurt Danison who occasionally attends City Council meetings and could share in the fine bounty. According to Washington law, contractors can indeed be held accountable under the same transparency requirements.

What Needs to Happen:

It is imperative for the city to adhere to the Open Public Meetings Act (RCW 42.30) and ensure timely publication of meeting minutes and agendas. This includes all city council meetings, planning commission meetings, and any special or committee meetings. The current state of affairs not only breaches legal requirements but also undermines public trust and the very principles of transparent governance. Additionally, under RCW 42.56, all documents, ordinances, and fee schedules passed in public meetings must be readily accessible to the public.

We call on the city officials to rectify these issues immediately and provide a full accounting of all meetings, ordinances, and resolutions passed. The residents of Bridgeport deserve transparency and accountability from their elected officials. We also request that the city issue a formal apology and establish a system to notify residents of all upcoming meetings via the city’s Facebook page, email, and by formally choosing a newspaper to publish these notifications. Under Washington State law (RCW 42.30.077), meeting notices must be posted online and distributed to the press. Our publication, the Omak Republic, formally requests to be included on the city’s list of all upcoming meetings, committees, and other relevant public notices as a news source.

Sincerely,

Alex Scribe
Editor
info@omakrepublic.com
omakrepublic.com


Editor’s Note:

The editor has verified the authenticity of the screenshots and information on the City Website: This article reflects the most accurate information available at the time of publication. We encourage the city and local citizens to provide any updates or additional information so we can continue to inform the community and update the story accordingly.


Missing Dates Detailed List:

Planning Commission Missing Minutes:

  • 6/1/2023
  • 8/3/2023
  • 9/7/2023
  • 11/2/2023
  • 12/7/2023
  • 1/4/2024
  • 5/2/2024
  • 6/6/2024

Planning Commission Missing Agendas:

  • All agendas for the past year

City Council Missing Agendas:

  • 6/21/2023
  • 7/19/2023
  • 11/15/2023

City Council Missing Minutes:

  • 8/16/2023
  • 9/20/2023
  • 10/18/2023
  • 5/15/2024

Special Meetings Missing Minutes:

  • 6/5/2024
  • 5/29/2024
  • 6/18/2024
  • 6/14/2024

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