Judge dismisses Navy bid to control Kitsap County records: But Navy may still seek order for County to return certain training records
Contact: Glen Milner (206) 365-7865
Katherine George, attorney (425) 802-1052
April 4, 2016 – Citizens may still request public records from Kitsap County without the federal government taking control. In a recent ruling, U.S. District Court Judge Ronald Leighton dismissed claims by federal agencies that the Department of Defense should control Kitsap County’s handling of records requests whenever they might involve sensitive military information. Judge Leighton also dismissed claims that Kitsap County should be permanently blocked from releasing certain parts of emergency planning records which the Navy considered sensitive.
Kitsap Sun reporter Ed Friedrich and peace activist Glen Milner had requested Kitsap County’s emergency planning records to find out how well the region is prepared for emergencies, and withdrew the requests after receiving what they wanted. Judge Leighton ruled that, because those requests were withdrawn and nobody was requesting the parts of the planning records that concerned the Navy, most of the claims in the case were moot.
However, federal agencies may continue seeking an order for Kitsap County to return certain records which the federal agencies allegedly “own.” Federal agencies had previously provided the records to Kitsap County and the state Patrol for use in emergency management training exercises.
The unusual case has highlighted tensions between Kitsap County, which is subject to monetary penalties if it violates the state Public Records Act (PRA), and federal agencies wanting to control the County’s PRA responses even though all of the liability risk falls on the County. “The dismissal order stops the federal government from creating a large black hole where local records could be concealed, and protects Kitsap County taxpayers from paying the price for improper withholding of local records,” said Mr. Milner, a longtime transparency advocate who won a 2011 U.S. Supreme Court decision, Milner v. Navy, striking down the long-established “High 2” exemption to the federal Freedom of Information Act.watch full xXx: Return of Xander Cage 2017 movie
Click here to read the March 31, 2016 order in U.S. v. Kitsap County.
More on this case at The Seattle Times: Judge won’t permanently block release of Navy nuclear data in Kitsap County, By Hal Bernton, Seattle Times Staff Reporter, April 5, 2016. If are not able to view the article at seattletimes.com, click here to read it as a PDF.
