Update, Jan. 23: New records detail a $10,000 settlement to secure a permanent dismissal of this case. The city also agreed to provide an audit letter from the original 2018 request.
A Western Washington man with a frequent history of suing over the Public Records Act has filed a claim against the City of Pullman, alleging city staff failed to provide adequate response or follow through in violation of state law.
Eric Hood, acting as his own attorney, initially filed the lawsuit in November and later amended his complaint on Dec. 9. He alleges the city Clerk’s office “breached its statutory duties” to enforce records rules, adequately train staff on records practices and provide timely assistance.
Hood has asked the court to order the full release of his requested records, impose monetary penalties for each day of delay, award attorneys fees to him and mandate new city rules for records practices.
When contacted for an interview, Hood emailed Whitman County Watch a general statement.
“The Public Records Act is one of the few means by which citizens can hold government agencies accountable,” he wrote. “Agencies routinely squander taxpayer resources to defend obvious violations of the Act.”
Pullman City Attorney Laura McAloon did not respond to multiple email requests for comment on the case.
Hood’s complaint states he submitted a records request in November of 2018 for all documents the State Auditor’s Office had provided to the city for its most recent financial audit. The clerk quickly sent back a 93-page attachment, which appears to match the auditor’s public report.
The complaint states Hood tried to follow up with the clerk’s office to confirm whether the city would provide any additional documents. He also noted he could not log into the city’s request portal to see what else might have been released. He alleges the clerk’s office re-sent the same 93-page document, but did not follow up on any of his other concerns or questions.
“The city provided no exemption log or written explanation of exemptions,” he added in the complaint. “As of the date Hood filed his initial complaint, the city had not further communicated with Hood.”
Court records and news reports indicate Hood has filed numerous similar lawsuits against cities and school districts in recent years. Reports describe Hood as a former school teacher and “self-appointed white knight of open government.”
A quick online search shows Hood has filed recent public records lawsuits against the City of Langley (2019), Clark College (2019), the Town of Springdale (2019), the City of Cosmopolis (2019), the Ocean Beach School District (2019), the Port of Dewatto (2019), the state Department of Employment Security (2019), Chelan County (2018), Mount Vernon School District (2018), North Kitsap School District (2016) and several others.
The Chinook Observer reports Hood has filed at least 33 lawsuits across the state since 2012. Multiple agencies have reportedly settled with Hood over previous claims.
In a statewide 2018 study on records costs, the City of Pullman estimated it spent an average of $250 per request in staff time and resources. The clerk’s office reports the city received 1,553 records requests in 2019. It reportedly received 1,526 requests in 2018 and 1,124 requests in 2017.
Pullman passed an updated public records fee schedule in 2018. Records from the clerk’s office show the city collected about $920 in records fees in 2019. The clerk’s office reported it collected $500 and $777 in fees in 2018 and 2017, respectively.
City officials have continued to waive fees on many requests. However, city clerk records, obtained by Whitman County Watch via a records request, show the city issued invoices for about 180 requests. Thirty of those requests — amounting to $444 in fees — were reportedly abandoned without payment.
In its most recent list of 2020 legislative priorities, the city leaders included a request for “modernizing” the Public Records Act to discourage aggressive or abusive requests.
“Pullman supports and practices transparency in government,” the request states. “The City asks that abusers of the Public Records Act be addressed. The City supports the modernization of the Public Records Act so that cities can continue to provide open and transparent government services to our residents.”
In somewhat related news, the City of Colfax clerk’s office reports it will also start collecting fees for public records requests this year.
If you would like to learn more about how you can submit requests for public records, check out our Citizen Guide on Public Records. It includes a brief overview of records law, tips for submission and links to local resources.
Update, Jan. 22: Pullman City Attorney Laura McAloon, in an email this afternoon, wrote the Whitman County Superior Court dismissed this case earlier this month. She explained previous emails for comment went missed in her spam folder.
“The City is unable to comment further,” she wrote.