SITKA, ALASKA
Sitka resident Betty Jo Moore was suing the city for the release of the letter, which apparently contains details of a settlement offer Dove Island made to Sitka last year. The city and the charter fishing lodge had been in protracted court battles over the lodge’s permits to operate.
Meeting in closed session last year, the Sitka Assembly rejected whatever settlement was offered in the letter from Dove Island’s attorney, but made a counter-offer which was supported.
Moore’s attorney, Jim McGowan, says his client is interested in what made the city change its posture so quickly – from two years of lawsuits to a sudden settlement. He said he was pleased with the judge’s decision.
“Well it just reinforces that which we have known for a long time, and that is that the citizens have a right to see what it is that their government is doing, and find out why it did what it did,” McGowan said. “The city for whatever reason didn’t want the people of Sitka to see how this decision was made and a lot of people were curious about that. Ms. Moore was somebody who stepped up to the plate and said, ‘Let’s find out.’”
The city argued that being required to disclose rejected settlement offers, such as the one in the letter, would harm the city in future negotiations.
But Sitka Superior Court Judge David George said future negotiations will be based on different circumstances. He said, in some cases, the law allows documents reviewed in executive session to be withheld. But they usually have to be communications among government officials, and pertaining to a decision that hasn’t yet been made. George said at the time Moore requested the letter, the decision had already been made.
In this case, he said, public interest outweighed the city’s interest in keeping the letter confidential.
That sounds right to Anchorage attorney John McKay, who often represents news organizations across the state, including this one. McKay literally wrote the book on Alaska public records access.
“The public records law, both the way it’s written and the way the courts have applied it, says that citizens are presumed to have a right to public records,” McKay said. “That means the burden is on the government to show why they shouldn’t have, and why some exception applies.”
George ordered the letter released, but when it’s actually released will depend on whether the city appeals his decision. Municipal attorney Theresa Hillhouse asked about appeal procedure in court, but said afterward that the ultimate decision is up to the Assembly.
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