January 3, 2025

City of Port Angeles Losing PRA Case

Scott T. Collins is fighting City Hall, and winning.

For 40 years Collins had always been a credible customer of The City of Port Angeles, other than maybe regarding a snow plow event or a missed garbage pickup complaint etc, there were no confrontational event(s) with any staff or employee at The Agency.

Records requests had begun early 2019 however after a 16 foot deep 4 foot wide sink hole suddenly developed ‘in the city right of way’ within mere feet of the front door of which the crew came the next day to fill, no complaints, per se, but The City then became defensive and started accusing Collins of “disrespect” toward City Staff when Collins simply complained about dishonesty and thievery.

There is no legal consequence or Statute defining disrespect nor if it is during a "legitimate" purpose."

No conduct or behavior of Collins was charged or found to be unlawful or ever adjudicated.

Collins was never contacted by The Police regarding any allegation but that did not stop the newly hired Sheriff in town, records clerk Kari Martinez-Bailey, whom took matters into her own hands and issued “unlawful “orders” including that Collins is to no longer contact any one other than her.

(Only a Chief of Police can issue a “trespass” notice” and only a Court, can issue a restraint).

City Attorney Bloor tried to subsequently soften the unlawful “orders” but is also complicit by not only advising and recommending a “scheme” to create a dedicated inbox and “the email filters” subsequently “ordered” by Manager Nathan West to be placed on Collins’ two email accounts of which, directs all email communications to the records clerk and Sheriff wannabee Martinez-Bailey and Attorney Bloor so to keep tabs on Collins due to the thin skinned public employees slighted over a few complaints.

This is a watered downed Watergate, spying on a private individual’s communication to City Govt of which, like Watergate, is also a violation of State Statute RCW 9.73, Opening Private Communications.

Port Angeles Police Chief Brian Smith stands liable for his role as an instigator and a participant and has not even initiated an investigation for a case, as asserted, has a clear basis for possible criminal conduct.

The reckless and purposeful unlawful “order” by City Manager Nathan West to The I T Dept also blocked all communications to The City Council of which, after being exposed, provided false testimony to The Federal Courts and was forced to have 'that' “filter,” removed.

Superior Court Judge Brent Basden was in way over his head and commented, “I know you don’t like using it,” (in referring to Collins using his own email accounts to communicate with City Government), “but what are your damages,?” Basden had made many other illadvised comments.

It is not a matter of “not liking to use” say an “online submission form” or a “webpage,” it’s about “filters” placed on two private email accounts of which, also violates WA ST Const Art 1 Sec 5 Per Se.

WA ST Const Art 1 Sec (5 per se); Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right.

There are no, “damages” required under RCW 42.56.080(2) nor that a requester first be “denied records” for a claim under that section as COA II wrongly interpreted and erred nor does a Statute of Limitations apply because RCW 42.56.080(2) does not involve, by definition, records.

RCW 42.56.080(2) Shall not “distinguish” among persons “requesting” records.”

The case is now in The Washington State Supreme Court but may be denied as are most and the fact that Pro Se litigants rarely succeed, courts love ruling against and railroading Pro Se Litigants.

It is this site’s opinion that both The COA II’ 3 Judge Panel and The Defendants’ Attorney have their law licenses revoked, The Defense made multiple and provably false statements throughout this entire case and The Supreme Court has the authority to take the action to ensure Court integrity.

To Date, The Defense has not filed an answer to The Petition for Review.

Collins was, however, granted several minor victories by COA II even though it favored The Govt’s ability to restrict the rights of American Citizens and made every excuse it could to diminish the unlawful orders and conduct by Martinez-Bailey, a records clerk, (whom has a history of trying to chill Speech Rights), by calling the orders and "filters" on two private email accunts," "recommendations."

COA II had ruled that RCW 42.56.080(2) grants authority to Agencies to create specific inboxes for a specific requester and that "does not "distinguish” among requesters" yet there is no case law on record that permits “filtering” private email accounts” to direct incoming email requests to a specific inbox and in fact, their ruling ‘violates’ all prior cases.

The 3 Judge Panel at COA II was as ignorant or bias as it gets with a case that, throughout, had plenty of basis and merit that favored the petitioner, COA II should lose their ability to harm any other litigant.

Carla Jacobi, PAPD Public Records Officer, had denied Collins a records review on November 14 2019 that COA II said never happened but Collins had fully documented and begun recording conversations at City Hall in which, clearly she, Jacobi, had admitted that The Five Defendants had slandered Collins by hurling defamatory comments throughout City Hall and had advised Staff to not have any contact with Collins including restricting and by even denying, records requests.

COA II did rule, however, to their credit, that Collins can contact anyone of choice at City Hall and but spared Martinez-Bailey and The Five Defendants of even one critique and did not issue an order to remove “the “filters” of which they, COA II, said the Agency has authority to issue under the clear language in RCW 42.56.080(2), nowhere does RCW 42.56.080(2), grant that authority.

RCW 42.56.080(2) gives an Agency authority to “recommend” an “online submission form” or “webpage” but ‘emails,’ even under The Statute, are a totally different technology and ‘that’ Statute does not give an Administration authority to place electronic prior restraints on two private email accounts much less to then direct the requests to a specific location and designated PRA coordinator.

O'Dea v. City of Tacoma, 493 P.3d 1245, 1251-52 (Wash. Ct. App. 2021)

"agencies may recommend that requestors submit requests using an agency provided form or web page." RCW 42.56.080(2). Nor must a requester submit their request to a designated PRA coordinator. Id. at 806 n.17, 271 P.3d 932.

And, although the requests did not arrive through the City's online PRA submission form, agencies cannot mandate a particular mode of submission. RCW 42.56.080(2) ; Germeau , 166 Wash. App. at 806 n.17, 271 P.3d 932.

As our Supreme Court has made clear, “[T]here is no official format for a valid P[R]A request.” Hangartner,151 Wash.2d at 447, 90 P.3d 26; see also Beal,150 Wash.App. at 874, 877, 209 P.3d 872.

ZINK v. CITY OF MESA, 162 Wn. App. 688, 711 (Wash. Ct. App. 2011)

The trial court found that Mesa violated the PRA by limiting Ms. Zink's review of the records to one hour per day, directing her to make all requests through the city attorney. Mesa first denied Ms. Zink's request on April 10, 2003, when it refused to produce the record unless Ms. Zink contacted the city attorney.

As evidence of disparate treatment, Ms. Zink cites the clerk's decision to limit her access to public records and the fact the clerk recorded her activities at City Hall.” Zink v. City of Mesa, 140 Wn. App. 328, 341 (Wash. Ct. App. 2007)

Records clerk and Sheriff wannabee Kari Martinez-Bailey has serious issues, not the least of which is being obsessed and fascinated with Scott T. Collins and playing loose with City of Port Angeles records.

Latest requests come back in total contradiction to each other and she now can’t make up her mind if she passed around defamatory allegation to all of City Hall of which Carla Jacobi obviously complied with when denying Collins records review on November 14 2019 of which she had never denied.

Link to The Supreme Court Petition.

https://www.courts.wa.gov/content/petitions/1034504%20Petition%20for%20Review.pdf#search=scott%20t%20collins

January 3, 2025 5:12am