Councilman Dan Clawson put a hold on the city’s entire email system, and then went on vacation

(I wrote this mid-week but held off publishing this until Dan returned from his vacation, to keep his home safe)

Dan Clawson halted routine processing and management of email last week in his futile effort to find an email supporting a secret meeting that never occurred.

After placing this hold on the-city wide email system, he failed to follow-up with a detailed public records request to inform the clerk what she was looking for. Instead,  he took  a vacation while the clerk struggled to determine what to do next.

It’s sort of the lawyer’s equivalent to a publisher who yells “stop the presses!”…and then takes a vacation when the presses get stopped.

He is also stalling his own lawsuit, possibly to ensure he doesn’t end up with an embarrassing dismissal before the election.  He failed to serve his bogus suit to several of us (after sending it to the newspapers), causing our city-paid attorney to go into a holding pattern as our attorney plans his motion for summary dismissal.  Then, before we were served the the first version of Dan’s suit, he rewrote it…just in time for the now out-of-date version to be served to all of us.  Four of us had appointments with our city-funded attorney last week, who continues to await proper formal documents from Dan.

Meanwhile, I received accolades this week from the State of Washington’s pre-eminent open public meetings champion, Greg Overstreet, for making my email public this year… a move that had been promptly copied by my colleagues Denis Law, Marcie Palmer, and Don Persson. Interestingly, Dan Clawson called me a “disgrace” when I wanted to do this, and again recently chided me for doing it when he sent his lawsuit to the Seattle Times.  He still keeps his council email private, requiring that I fill out an expensive freedom-of-information request to see it.

Some people have accused me of perhaps being a bit harsh on poor Dan. But considering his lawsuit is completely campaign-motivated, he only did half the job of filing his lawsuit, and left the city’s email system in a confusing holding pattern as he sails around on a boat, I don’t think I am being too harsh.

He needs to face the fact that he got out-voted because he lost his temper,…then get over it, and come back to serving the public with the rest of us. As a the council’s worst sore-loser ever, he is putting the operation and finances of the city in jeopardy.

And he should drop his lie-packed lawsuit before we waste more city money on it.  He will not regain my respect until he does.
Sent: Thursday, October 11, 2007 12:39 PM
To: Bonnie Walton
Cc: Clawson Dan; Dan & Laura Clawson; Jay Covington; Larry Warren; Mike@KenyonDisend.com ; Antonette Nelson; Daniel Clawson; Denis Law; Don Persson; Julia Medzegian; Marcie Palmer; Randy Corman; Terri Briere; Zanetta Fontes
Subject: Re: City Council Email Update

Here is the email about the hold.

Bonnie,
Thank you for clarification. Councilmember Clawson is on vacation on his sailboat this week. He is able to be reached via cell phone (206-595-1795) and should return on Sunday, 10/14.
Julia

>>> Bonnie Walton 10/11/2007 12:28 PM >>>
Julia:
Regarding your question below: no public records request has been received. The records you have been asked to gather, however, are being collected because of the pending litigation involving City Council members.

As you know, upon notice that this litigation was pending, a hold was placed on the City e-mail system to ensure that public records that could be considered evidence or could lead to discoverable evidence in this matter remain preserved, as required by law. The hold, which technology-wise had to be placed on the entire email system, allows time for the City to collect the records. The preference, however, is to not leave the hold on the entire City email system any longer than necessary.

You have been asked to produce the records indicated below because
1) The goal is to capture the records and allow release of the e-mail hold; and,
2) You currently hold first-line responsibility for maintaining the Council e-mail records in accordance with the State records retention schedule, so you would be the person who could most easily, thoroughly and quickly produce the records; and
3) The records will be placed in the custody of the City Clerk office in order to preserve the records and to avoid any possible perception of impropriety while this action is pending.

Once the records have been gathered, it is anticipated that the hold on the city email system could be released. The records collected will be boxed, sealed and placed in a secure location under the supervision of this office until such time as they may be requested under the rules of discovery. If for some reason the records are never requested or needed, then they will be disposed of in accordance with the state records retention and disposition schedules.

Prior to requesting these records, I contacted City Attorney Warren and explained my intentions for records preservation in this matter. Mr. Warren in turn referred me to Mike Kenyon, the attorney representing the defendants on behalf of the City. I spoke with Mike Kenyon yesterday afternoon, when you escorted him to my office. After relating my intentions for preserving these public records, Mr. Kenyon clarified that he represents the four defendants only, and that I should check with the City Attorney, but that handling of the records as explained sounded like a reasonable plan to him. The one party I have not been able to reach yet in this matter is Mr. Clawson. I have left him a message and expect to hear from him soon to ensure that he has no objections to the records being collected and stored in this manner for the reasons stated above.

I am copying all parties involved in this matter and welcome any input. Please contact me if there are any questions, concerns or conflicts. I apologize for the length of the email. My effort overall is to remain neutral and to ensure that the legal requirements are fulfilled.
Bonnie Walton
Renton City Clerk and Public Records Officer
425-430-6502

>>> Julia Medzegian 10/10/2007 2:23:13 PM >>>
Bonnie,
I have one more John Holt email that wasn’t included in the original batch I gave you. I will bring it down.

Also, with regard to the “direct or indirect communications between or among” Councilmembers request, I don’t remember Council being notified of this records request. Could you forward that information to us please. I am looking for as much clarification as possible regarding what I need to pull from the files.
Thanks,
Julia

Sent: Thursday, October 11, 2007 12:39 PM
To: Bonnie Walton
Cc: Clawson Dan; Dan & Laura Clawson; Jay Covington; Larry Warren; Mike@KenyonDisend.com ; Antonette Nelson; Daniel Clawson; Denis Law; Don Persson; Julia Medzegian; Marcie Palmer; Randy Corman; Terri Briere; Zanetta Fontes
Subject: Re: City Council Email Update

Here is the email about the hold.

Bonnie,
Thank you for clarification. Councilmember Clawson is on vacation on his sailboat this week. He is able to be reached via cell phone (206-595-1795) and should return on Sunday, 10/14.
Julia

>>> Bonnie Walton 10/11/2007 12:28 PM >>>
Julia:
Regarding your question below: no public records request has been received. The records you have been asked to gather, however, are being collected because of the pending litigation involving City Council members.

As you know, upon notice that this litigation was pending, a hold was placed on the City e-mail system to ensure that public records that could be considered evidence or could lead to discoverable evidence in this matter remain preserved, as required by law. The hold, which technology-wise had to be placed on the entire email system, allows time for the City to collect the records. The preference, however, is to not leave the hold on the entire City email system any longer than necessary.

You have been asked to produce the records indicated below because
1) The goal is to capture the records and allow release of the e-mail hold; and,
2) You currently hold first-line responsibility for maintaining the Council e-mail records in accordance with the State records retention schedule, so you would be the person who could most easily, thoroughly and quickly produce the records; and
3) The records will be placed in the custody of the City Clerk office in order to preserve the records and to avoid any possible perception of impropriety while this action is pending.

Once the records have been gathered, it is anticipated that the hold on the city email system could be released. The records collected will be boxed, sealed and placed in a secure location under the supervision of this office until such time as they may be requested under the rules of discovery. If for some reason the records are never requested or needed, then they will be disposed of in accordance with the state records retention and disposition schedules.

Prior to requesting these records, I contacted City Attorney Warren and explained my intentions for records preservation in this matter. Mr. Warren in turn referred me to Mike Kenyon, the attorney representing the defendants on behalf of the City. I spoke with Mike Kenyon yesterday afternoon, when you escorted him to my office. After relating my intentions for preserving these public records, Mr. Kenyon clarified that he represents the four defendants only, and that I should check with the City Attorney, but that handling of the records as explained sounded like a reasonable plan to him. The one party I have not been able to reach yet in this matter is Mr. Clawson. I have left him a message and expect to hear from him soon to ensure that he has no objections to the records being collected and stored in this manner for the reasons stated above.

I am copying all parties involved in this matter and welcome any input. Please contact me if there are any questions, concerns or conflicts. I apologize for the length of the email. My effort overall is to remain neutral and to ensure that the legal requirements are fulfilled.
Bonnie Walton
Renton City Clerk and Public Records Officer
425-430-6502

>>> Julia Medzegian 10/10/2007 2:23:13 PM >>>
Bonnie,
I have one more John Holt email that wasn’t included in the original batch I gave you. I will bring it down.

Also, with regard to the “direct or indirect communications between or among” Councilmembers request, I don’t remember Council being notified of this records request. Could you forward that information to us please. I am looking for as much clarification as possible regarding what I need to pull from the files.
Thanks,
Julia

Sent: Thursday, October 11, 2007 12:39 PM
To: Bonnie Walton
Cc: Clawson Dan; Dan & Laura Clawson; Jay Covington; Larry Warren; Mike@KenyonDisend.com ; Antonette Nelson; Daniel Clawson; Denis Law; Don Persson; Julia Medzegian; Marcie Palmer; Randy Corman; Terri Briere; Zanetta Fontes
Subject: Re: City Council Email Update

Here is the email about the hold.

Bonnie,
Thank you for clarification. Councilmember Clawson is on vacation on his sailboat this week. He is able to be reached via cell phone (206-595-1795) and should return on Sunday, 10/14.
Julia

>>> Bonnie Walton 10/11/2007 12:28 PM >>>
Julia:
Regarding your question below: no public records request has been received. The records you have been asked to gather, however, are being collected because of the pending litigation involving City Council members.

As you know, upon notice that this litigation was pending, a hold was placed on the City e-mail system to ensure that public records that could be considered evidence or could lead to discoverable evidence in this matter remain preserved, as required by law. The hold, which technology-wise had to be placed on the entire email system, allows time for the City to collect the records. The preference, however, is to not leave the hold on the entire City email system any longer than necessary.

You have been asked to produce the records indicated below because
1) The goal is to capture the records and allow release of the e-mail hold; and,
2) You currently hold first-line responsibility for maintaining the Council e-mail records in accordance with the State records retention schedule, so you would be the person who could most easily, thoroughly and quickly produce the records; and
3) The records will be placed in the custody of the City Clerk office in order to preserve the records and to avoid any possible perception of impropriety while this action is pending.

Once the records have been gathered, it is anticipated that the hold on the city email system could be released. The records collected will be boxed, sealed and placed in a secure location under the supervision of this office until such time as they may be requested under the rules of discovery. If for some reason the records are never requested or needed, then they will be disposed of in accordance with the state records retention and disposition schedules.

Prior to requesting these records, I contacted City Attorney Warren and explained my intentions for records preservation in this matter. Mr. Warren in turn referred me to Mike Kenyon, the attorney representing the defendants on behalf of the City. I spoke with Mike Kenyon yesterday afternoon, when you escorted him to my office. After relating my intentions for preserving these public records, Mr. Kenyon clarified that he represents the four defendants only, and that I should check with the City Attorney, but that handling of the records as explained sounded like a reasonable plan to him. The one party I have not been able to reach yet in this matter is Mr. Clawson. I have left him a message and expect to hear from him soon to ensure that he has no objections to the records being collected and stored in this manner for the reasons stated above.

I am copying all parties involved in this matter and welcome any input. Please contact me if there are any questions, concerns or conflicts. I apologize for the length of the email. My effort overall is to remain neutral and to ensure that the legal requirements are fulfilled.
Bonnie Walton
Renton City Clerk and Public Records Officer
425-430-6502

>>> Julia Medzegian 10/10/2007 2:23:13 PM >>>
Bonnie,
I have one more John Holt email that wasn’t included in the original batch I gave you. I will bring it down.

Also, with regard to the “direct or indirect communications between or among” Councilmembers request, I don’t remember Council being notified of this records request. Could you forward that information to us please. I am looking for as much clarification as possible regarding what I need to pull from the files.
Thanks,
Julia

Sent: Thursday, October 11, 2007 12:39 PM
To: Bonnie Walton
Cc: Clawson Dan; Dan & Laura Clawson; Jay Covington; Larry Warren; Mike@KenyonDisend.com ; Antonette Nelson; Daniel Clawson; Denis Law; Don Persson; Julia Medzegian; Marcie Palmer; Randy Corman; Terri Briere; Zanetta Fontes
Subject: Re: City Council Email Update

Here is the email about the hold.

Bonnie,
Thank you for clarification. Councilmember Clawson is on vacation on his sailboat this week. He is able to be reached via cell phone (206-595-1795) and should return on Sunday, 10/14.
Julia

>>> Bonnie Walton 10/11/2007 12:28 PM >>>
Julia:
Regarding your question below: no public records request has been received. The records you have been asked to gather, however, are being collected because of the pending litigation involving City Council members.

As you know, upon notice that this litigation was pending, a hold was placed on the City e-mail system to ensure that public records that could be considered evidence or could lead to discoverable evidence in this matter remain preserved, as required by law. The hold, which technology-wise had to be placed on the entire email system, allows time for the City to collect the records. The preference, however, is to not leave the hold on the entire City email system any longer than necessary.

You have been asked to produce the records indicated below because
1) The goal is to capture the records and allow release of the e-mail hold; and,
2) You currently hold first-line responsibility for maintaining the Council e-mail records in accordance with the State records retention schedule, so you would be the person who could most easily, thoroughly and quickly produce the records; and
3) The records will be placed in the custody of the City Clerk office in order to preserve the records and to avoid any possible perception of impropriety while this action is pending.

Once the records have been gathered, it is anticipated that the hold on the city email system could be released. The records collected will be boxed, sealed and placed in a secure location under the supervision of this office until such time as they may be requested under the rules of discovery. If for some reason the records are never requested or needed, then they will be disposed of in accordance with the state records retention and disposition schedules.

Prior to requesting these records, I contacted City Attorney Warren and explained my intentions for records preservation in this matter. Mr. Warren in turn referred me to Mike Kenyon, the attorney representing the defendants on behalf of the City. I spoke with Mike Kenyon yesterday afternoon, when you escorted him to my office. After relating my intentions for preserving these public records, Mr. Kenyon clarified that he represents the four defendants only, and that I should check with the City Attorney, but that handling of the records as explained sounded like a reasonable plan to him. The one party I have not been able to reach yet in this matter is Mr. Clawson. I have left him a message and expect to hear from him soon to ensure that he has no objections to the records being collected and stored in this manner for the reasons stated above.

I am copying all parties involved in this matter and welcome any input. Please contact me if there are any questions, concerns or conflicts. I apologize for the length of the email. My effort overall is to remain neutral and to ensure that the legal requirements are fulfilled.
Bonnie Walton
Renton City Clerk and Public Records Officer
425-430-6502

>>> Julia Medzegian 10/10/2007 2:23:13 PM >>>
Bonnie,
I have one more John Holt email that wasn’t included in the original batch I gave you. I will bring it down.

Also, with regard to the “direct or indirect communications between or among” Councilmembers request, I don’t remember Council being notified of this records request. Could you forward that information to us please. I am looking for as much clarification as possible regarding what I need to pull from the files.
Thanks,
Julia