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Wednesday, October 12, 2005 - Page updated at 11:23 AM

Spokane mayor tries to block release of computer files

The Associated Press

SPOKANE — A deal has been reached to allow a private investigator to examine the contents of Mayor James E. West's work computer, without having offensive material released to the public, a newspaper reported today.

Investigator Mark Busto of Bellevue, hired by the City Council with $15,000 in taxpayer money, is looking into whether West improperly used his government-owned computer to look at gay-oriented Web sites and to improperly offer jobs and perks to young men.

West, a former Republican state senator and opponent of gay rights, faces a recall election Dec. 6 over the allegations. The Spokesman-Review newspaper continued to press in court for public release of some 1,800 cached files from West's computer. Arguments were scheduled late Wednesday before Adams County Superior Court Judge Richard Miller in Ritzville, who is hearing the case to avoid conflicts of interest in Spokane County.

"Because the documents at issue constitute public records that are not exempt from disclosure under the Washington Public Disclosure Act, Mayor West's motion should be denied and the records should be immediately released," the newspaper contended in court documents.

Lawyers for West are asking the judge to block release of the computer's contents, saying the material was "personal social contact" information that would be "highly offensive to a reasonable person." West contends he visited gay Web sites on his own time, and that the information is private because it did not involve city business.

City policies prohibit the use of city equipment to view pornographic Web sites.

The deal with Busto was reported in today's Spokesman-Review. Busto will be given a copy of three computer disks copied from the mayor's computer, which was seized in early May after the newspaper published a series of stories questioning West's conduct.

The computer files contain pictures of young gay men and sexually explicit correspondence, according to court documents. The Spokesman-Review and other media outlets, including The Associated Press, also are seeking copies of the CDs.

Under the deal, West will have 10 days to try to block public release of the investigator's report after it's delivered to the City Council. If West does not intervene, the council can release the report.

Busto and West's attorneys, Bill Etter and Susan Troppmann, reached the agreement yesterday. The deal will end if Miller rules that the contents of West's computer are public record, the newspaper said.

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Several young gay men told the newspaper they were offered perks, trips or City Hall jobs and appointments by West, who has said he did nothing illegal. The FBI is investigating whether those offers and appointments constituted an abuse of public office.

In court documents, The Spokesman-Review said the state's Public Disclosure Act is intended to be used liberally in favor of access to the public. West argued the files are not public records because they do not relate to the functions of government and were not created during work hours.

The newspaper argued that West allegedly offered a city internship to a person posing as a young man who was actually a computer expert hired by the newspaper.

The newspaper also disputed that release of the files would offend the public, because the disclosures would not be new.

In an interview with the newspaper last week, West said he used his city computer to visit gay Web sites.

"The files contain images of private individuals who I believe have an expectation of privacy and are not related to my official duties as Mayor," West said.

"When I traveled out of town, I took my city computer and was told I could use it for personal business on my own time and considered it my personal computer," he said.

"I've told the press and the public that I visited gay Web sites, said it was inappropriate, I apologized for it at the time and I haven't done it since," he said.

Copyright © 2005 The Seattle Times Company

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