Bigger fine for King Co.'s withholding of records

The state Supreme Court has ruled that the $124,000 fine paid by King County for delays in responding to a Public Records Act request isn't nearly enough, and has sent the case brought by a Seattle businessman back to Superior Court with a recommendation to award more money and increased attorneys' fees.

The nine justices issued five opinions on the matter — which has already been before the justices twice before. Justice Richard Sanders even sounded a bit exasperated in his majority opinion: "We are asked once again to determine the appropriate application" of the section of the Public Disclosure Act that provides penalties for agencies that don't comply with the intent or the letter of the law, he wrote.

Seven of the nine justices, however, said they believed that the $123,780 fine paid to businessman Armen Yousoufian, along with $87,000 in lawyers' fees, was not enough. Their disputes were mostly over the discretion of trial judges in imposing the penalty and arguing over whether it was appropriate to suggest how big a fine be imposed.

The majority agreed the $15 dollars a day for each day King County was out of compliance with the disclosure act — 8,252, according to the trial court — was not enough. Six of the justices believe the county's more than four-year response to a public disclosure request that should have taken five days to fill was egregious enough to warrant a fine at the "high end" of the $100 per day maximum. Two of those justices, including Sanders and Justice James Johnson — say it should "approach, if not reach, the maximum statutorily allowed" — $509,000.

And, the majority said the county should pay Yousoufian's legal fees for this appeal, too.

Yousoufian was a businessman in 1997 when he asked the office of county Executive Ron Sims for copies of studies pertaining to the impact of the proposed $300 million Seahawks stadium. County residents were about to vote on a referendum to pay for the stadium.

The request dragged on for nearly four years, denying Yousoufian the information before the vote. "The unchallenged findings of fact demonstrate King County repeatedly deceived and misinformed Yousoufian for years," Sanders wrote.

Yousoufian was first awarded $5 a day for each day the county failed to fill his request. He appealed and the case was sent back, and he was awarded $15 a day — nearly $124,000 — at the time the largest ever records-related fine.

This time, the justices sent the case back with instructions for the trial judge to follow to determine the amount the county owes — and its recommendation that it should be much higher.

In a footnote to a paragraph in which he discusses the need to impose a penalty in the "amount necessary to deter future misconduct considering the size of the agency and the facts of the case," Sanders pointed out: "A flea bite does little to deter an elephant."

Mike Carter: 206-464-3706 or mcarter@seattletimes.com