To the editor:

What is happening here? The Paulson/Fortner lawsuit has confused, disappointed, and divided our community, and now is poised to extract over half a million dollars from Bainbridge Island taxpayers.

I am pained to think that I may carry any responsibility for these circumstances. I want the community to know that I did not conduct city business from my private email account, and I did turn over my emails to the city in a timely manner for the public records request.

What I did not do is provide my personal computer hard drive as part of that public records request. Here’s why:

Personally, and as an elected official, it remains important to me to support an individual’s rights to privacy under the First and Fourth Amendment of the U.S. Constitution and Article 1, Sections 5 and 7 of the Washington State Constitution. I upheld and continue to uphold my oath of office to comply with the constitution and laws of the United States and the State of Washington.

From the beginning of Althea Paulson and Bob Fortner’s public records requests, and prior to Paulson/Fortner filing a lawsuit, the requesters demanded access to council members’ private computer hard drives. Turning over one’s hard drive is not required by state law, nor the Public Records Act; the city did not ask council members to turn over personal computer hard drives.

The Washington State Association of Municipal Attorneys (WSAMA) representing 280 Washington cities agreed with the City of Bainbridge Island’s position and filed an “Brief of Amicus” (Friend of the Court Brief) on behalf of the City. The WSAMA was concerned that a requirement to turn over hard drives would set precedent and allow any requestor to demand access to hard drives of a city, city employee and elected official.

The city instead settled with Paulson/Fortner.​

STEVEN BONKOWSKI

Bainbridge Island

City Councilman