Discussion re EFFICACY AND LEGAL ISSUES concerning audio/written "recording" of City of Sultan Council Workshops:

L. Storm of G.R.I.T. requested a copy of the City's MP3 digital audio of  its Nov. 2, 2006 council budget workshop.  Below is documentation related to that Public Disclosure Act (PDA) request.

Storm's Original 11/05/06 Message to Clerk Koenig and Interim City Administrator Lee Walton:

From: Loretta Storm [mailto:lorettastorm@seanet.com]
Sent: Sunday, November 05, 2006 5:12 AM
To: Walton Lee; Laura Koenig
Cc: Ben Tolson; Thom Graafstra (other parties of interest were copied, but not shown here)
Subject: MP3 Audio of 11/2 Budget Workshop
Importance: High

Dear Lee and Laura,

I would appreciate if you will consider this my official Public Information Request to receive the city's audio of this workshop.  As you know, I normally attend budget workshops, but I was not feeling  well that evening.

If there is a cost associated with burning a CD, please advise me how much the City has decided to charge for such a service.  If the city has not yet set/decided upon a specific charge for this type of  Public Record, please know that price is not an issue in obtaining  this audio, and I am willing to sign any waiver or statement of the  conditions under which I may be charged; i.e., I will not come back  later and dispute it, knowing that supplying audio to citizens under the new MP3-enabled recorder is undoubtedly still "a work in progress."

However, I am not willing to waiving state PDA mandates as to when PDA requests must either be (1) fulfilled or (2) a written explanation provided me as to the reasons for the delay and estimated time for fulfillment..

Thanks for your help,
Loretta Storm
33520 - 116th St. SE, Sultan 98294
360-793-6683

Clerk Koenig's Response to Storm's request (Received 05:48 PM 11/9/2006):

Loretta 
It has not been a practice of the City to record workshops and therefore, there is no audio from the budget workshop.  Since we have the new system in place, the Council may choose to record workshops in the future.

Laura Koenig
City Clerk

Storm's response to Clerk Koenig (and Mayor Tolson and City Administrator Lee Walton)

Subject: RE: MP3 Audio of 11/2 Budget Workshop

Dear Laura,

Thank you for fulfilling my PDA request in a timely and legal manner.  It is very much appreciated.

However, I am understandably disappointed by the City's lack in capturing this legal public venue on audio, especially for the non-attending four council members who could have benefited from listening to the discussion.

The city's lack in recording this workshop prompts questions enumerated below. I respectfully suggest that Mayor Tolson request a legal opinion from Thom Graafstra on these issues:

· In the past it has been the city's practice to count among its public participation venues public workshops on various issue as part of its fulfillment of Public Participation mandates.  If the City has not previously recorded such legal venues, on what basis has the City been including such events as part of that requirement?

· In the absence of the audio, what is the city's legal responsibility to publish minutes or written report of the discussions of this workshop (so that the four missing council members can benefit from the discussions on this important topic)?

· That question raises another:  Does the lack of a council quorum in a budget workshop constitute a legal public meeting/venue/event?  And if so, which RCW guides?  If not, is the City planning on scheduling a "replacement" workshop (to address the same issues) when a quorum can be present?

Generally speaking, we have found that having the audio available for ANY city public venue has been extremely helpful, if for no other reason than as a cross-check and memory-jogger of what was said.  I'm saddened that the City is not using its long-awaited, expensive audio system to full effect.

Thanks again for your prompt response.
Loretta
360-793-6683