August 25, 2005
Public Non-Disclosure

A ruling has been issued in the case of Yousoufian v. Sims: Penalties of $15 dollars a day for a total of $123,780 and attorney fees of $171,100.35. This is a relative pittance given the time and expense that Armen Yousoufian and his attorneys have spent over the last several years. It's also not much of a disincentive to Ron Sims and other government officials for flagrant violations of the Public Disclosure Act -- especially since the money is paid by the taxpayers, not by the violators.

The county has 30 days to appeal.

UPDATE: Armen Yousoufian e-mailed to add:

I think it's important to note, and I ask that you include this in your observations, that at this point, after 8 years, an estimated 4000 hours of my own time, and still without all the smoking gun documents that I have evidence must exist (including reproduction shop records billing for 54 sets of copies of a 112 page report King County has never produced to me), the total recovery is approximately $380K, versus $330K just for legal costs I've incurred. This outcome means most people will never get a lawyer to take such a case without being paid hourly, as there just isn't enough potential for penalties to make a contingent fee arrangement worthwhile.
On the other hand, County Prosecutor Norm Maleng, whose office defends King County from citizen public disclosure complaints, believes that the public disclosure law is "working fairly adequately at the present time". I have to assume he hasn't made many public records requests of his own.

Posted by Stefan Sharkansky at August 25, 2005 01:35 PM | Email This
Comments
1. Yeah why the hell would Ron Sims fulfill any public disclosure requests? If he doesn't and gets sued, which he did, it doesn't matter because the judgement is just more of our money!


This decision should be on the front page of all the local newspapers tomorrow. Lets see how accountable our local media holds Sims. I am sure they will find some way to excuse this abuse of power!!!!!!

I think the headline should read:
King County Government: Completely Out Of Control

Posted by: Joe on August 25, 2005 02:21 PM
2. So the county has 30 days to appeal this decision. Can Armen Yousoufian also appeal this decision as it does not adequately compensate for his costs as well as penalize Ron and company directly? What a crock that the taxpayers will pick up the tab for the county's ineptitude and footdragging.

Posted by: Gary on August 25, 2005 02:31 PM
3. Maybe we need a law that deducts money out of the pockets of the guilty public "servant."

Posted by: Ed on August 25, 2005 03:26 PM
4. What we need is a simple initiative that puts the discretion of the award in the hands of a jury and not a judge. This would make it the same as our state constitution concerning eminent domain. For this law to be effective there has to be incentive and reward to a citizen that enforces it through the courts. It would also be nice to see an initiative giving a plurality of citizens the right to convene a Grand Jury to investigate some of the issues brought forward here. The laws concerning Grand Juries in this state also need to be rewritten (they’re almost as bad as election laws) but that’s a whole other topic. Our government is supposed to be one of check and balances. Citizens, via their vote and service on a jury, are supposed to be one of these check and balances. This check and balance is being eroded more and more each day.

Posted by: RG on August 25, 2005 06:08 PM
5. Sims & Maleng must go.

Posted by: KD on August 25, 2005 06:16 PM
6. I find it eerily coincidental that the judge found King County incompetent, unsupervised and without oversight in this matter, yet failed to find deliberate malfeasance or misconduct.
Kinda reminds me of the ear ring sporting Judge Bridges from over Wenatchee way.
So long as King County appears to be stupid and run by buffoons, no judge will ever indict.

Posted by: Jim L on August 25, 2005 07:41 PM
7. God I wish people would understand this about judges!

1) All judges in Washington are elected to office and every one of them is just as concerned about reelection as any other politician.

2) Judges are part of the government!!! When they are asked to rule on wrongdoing by government, it's like someone being asked to rule against a member of their own family.

There are courageous people like Armen who take on government, like the 2 King County DOT Whistleblowers suing King County DOT in federal court right now. But have you read about them? I didn't think so.

Unfortunately, most of these heroes do it by themselves and without any of the attention necessary to rally the public behind them and the pressure necessary to make judges act responsibly. It becomes an easy decision for judges to slap them down, because there is rarely any backlash and they only reinforce the chances of an unchallenged reelection by giving the wrongdoing a pass.

I'll bet this judge just figured he'd reimburse Armen for his costs, throw in a few bucks to not make it obvious, and then he'd be done with it.

At least Armen got something. That was sort of a surprise by itself. Heck, it's only taxpayer money anyway...

Posted by: Mike on August 25, 2005 09:21 PM
8. I'm so grateful for those who can go to such lenghths to try and illuminate what these corrupt government officials are doing.....Keep up the good work, all those who do so

Posted by: Michele on August 25, 2005 09:42 PM
9. ..now if only the citizens would vote out these corrupt ones and put into office more people like Rob McKenna and Dino Rossi

Posted by: Michele on August 25, 2005 09:44 PM
10. All who can, please hit the tip jar. Considering this ruling, Stefan is going to need all the help he can get.

God Bless!

Posted by: Clint on August 25, 2005 10:31 PM
11. Oops, that should have read "All who can, please hit the tip jar. Considering this ruling, Stefan is going to need all the help he can get in order to sue Ron Sims"

God Bless!

Posted by: Clint on August 25, 2005 10:35 PM
12. Mike has it wrong. Most superior court judges are NOT elected, nor do they run, nor do their names appear on ballots.

They are declared elected if no one files to oppose them. Since the only persons permitted to oppose them are attorneys, and the attorneys who might run against them are the same attorneys who appear before the judges, the fear of retaliation by the judges is just too great.

Ergo, nobody challenges them and you cannot even write in anybody's name because the race never appears on the ballot.

platypus

Posted by: platypus on August 25, 2005 10:51 PM
13. Mike Costello made a really good point on his blog that is related both to Armen Yousefian's situation and Mike's own post above - I recommend that everyone pop over to his blog to read his original post on this topic, however, in summary:

Nearly every law firm in King County with any kind of municipal, government, public records/disclosure or election law departments or specializing attorneys are on retainer to the county. I can affirm through personal observation that this is the case.

What this does is prevent any public citizen who wishes to litigate against the county for any reason - including failure to comply with disclosure laws, misfeasance and corruption of the kind seen in DDES with Redmond Ridge, failure to comply with election laws.

Litigation becomes impossible from the public's side, because there are no qualified attorneys with local knowledge and experience in these legal issues available to represent any plaintiff. Either an attorney has to be recruited from outside the area, which places them at an intense disadvantage when litigating local issues, or an attorney with no experience in government law is the only lawyer available, which is worse than useless, you'll lose while spending $250.00 an hour for representation.

Just ask Armen Yousefian how many attorneys he had to approach before any could or would take his ground-breaking public records case?

Posted by: Susan B. Anthony on August 25, 2005 11:19 PM
14. Couldn't someone organize say, 99 people, to request the same docs that Mr. Sharkansky has, and when they don't get it, join him in his suit. $15 a day times 100 different requests = $1,500.00 a day. Wouldn't that be worth it for some attorney to take on contingency?

Or how about 999 people, for $15,000.00 a day?

Posted by: HappyGoLucky on August 26, 2005 08:41 AM
15. Put a positive spin on this. Ron Sims made an egregious violation of the law and cost county taxpayers over $380,000 (not including all the staff time in his office and Maleng's office).

Posted by: Richard Pope on August 26, 2005 09:14 AM
16. Armen Yousoufian here. I was out of town, with poor, slow, or no email/fax connections when this decision was released and thank Stefan for posting what he has until I can get it posted at my blog: www.Yousoufian.blogspot.com . Thank you for all your comments. In response to one of the questions, either side has 30 days to appeal this decision. This outcome is not good for anyone who follows me. The conduct in this case was very bad - with a finding of "gross negligence". It is my understanding that "gross negligence", in the law, is very serious misconduct - just one step down from intentional withholding. To have conduct as bad as was involved in this case, that went on for so long, that involved so great a public project involving so much money authorized by an election without full disclosure of the studies that Ron Sims was (mis)quoting to recommend a "For" vote in June, 1997, with evidence now that several studies were (and again in my opinion), "rigged", and to end up with fines of only $15 per day in the $5 to $100 range is not good. It simply doesn't yield enough of a penalty to result in deterrance when it comes 8 years after the behavior. It's also not enough for any competent attorney who has other hourly clients to take on a contingent fee basis. And the reality is that most citizens do not have the ability and/or willingness to pay an attorney's monthly billings for, potentially, eight years. And government knows this, so it's all the more reason to continue to withhold documents from requestors. As for the other ideas of multiplying requestors for the same documents, those are uncharted waters. It looks like the appellate courts are saying the fines in all these cases, the bundling of separate documents into groups to reduce the penalties, etc., are all up to the "discretion" of the trial judges. All in all, another sad day for our democracy, for transparency in government, etc. (Please also note the correct spelling of my last name.)

Posted by: Armen Yousoufian on August 26, 2005 09:19 AM
17. Am I being too naive, but if the judge ruled in his favor, why didn't the judge order production of the documents as well?

Why didn't the judge do that? Or is Mr. Yousoufian going to collect $15 a day for the rest of his life?

Posted by: HappyGoLucky on August 26, 2005 09:20 AM
18. For anyone who can't understand how things like the stadium debacle happen in government, i suggest you get the new book "The smartest guys in the Room" and substitute "government" for Enron. It's the same formula, tweaked a little, the same arrogance, the same blindness and greed. One good observation in the book about "visionaries" (and what government leaders don't now lay claim to that lofty label)- That visionaries and managers- i.e.people who really know how to run a business- are two different kinds of people.

it would be interesting to see how much the other side claims it cost them for legal- bet it is many times what Armen was awarded. What a farce to only give him a token amount.
Hooray for Yousefian though- a true prince.

Posted by: curiouser on August 26, 2005 09:33 AM
19. "We are a country of laws" we are told and time and time again this statement is proven false. "Power corrupts, absolute power corrupts absolutly." history records and time and time again this statement is proven true. It seems that we are a country (state, city) wherein the law is a tool used to serve the powerful for whatever purposes, including corruption. It is far more deadly than a knife and gun as the scars run deeper and wounds are suffered by all citizens. The last folly (election) clearly demonstrates the legal deceptions practice from the bench by judges that are insulated from the public by layers of peers (attorneys) and government "leaders" and wealthy, connected businessmen. "Follow the money"

Posted by: snuffy on August 26, 2005 09:38 AM
20. I recognize that this is redundant but, the point here is simple:

Vote the lousy corrupt son of a bitch Ron Sims out of office.

He was elected for superficial reasons that we all recognize, and no one
should ever expect more of him than his character will provide.
Take one look at his record, those who defend him and how they go
about it and there can be no reasonable doubt.

Back David Irons with everything you have, it is party unity that will make or break it.

Posted by: Amused by liberals on August 26, 2005 10:55 AM
21. I second the opinions of any of those who say that Armen Yousoufian is a patriot and a first rate citizen.
He obviously recognizes something many of our countrymen have forgotten, the importance of vigilance
in support of liberty from the oppressions of elitist government.

Armen was cheated by a liberal elitist Judge Hayden in order to protect Sims from the consequences of his
own misconduct in office. We should find out specifically what documents Sims failed to produce and request
that David Irons demand that Sims produce them. Then we should call for an investigation of the whole issue
without which we can fairly conclude that Sims is guilty of more than just failing to fulfill his fiduciary duties as KC Executive.

Posted by: Amused by liberals on August 26, 2005 11:23 AM
22. "Vote the lousy corrupt son of a bitch Ron Sims out of office. "

Ah, but there's the rub. You can't vote anyone out if the election system is corrupt.

Posted by: PW on August 26, 2005 12:42 PM
23. Just like the past Governors election, there is no accountability for screwing the public. And even in finding Sims guilty, it's still screwing the public. So the headline in the Seattle liberal rag of your choice will be; "Citizen lawsuit costs taxpayers a fortune!" There won't be a thing in there about who bears responsiblity for causing the lawsuit, OR what Sims is hiding by refusing the documents.
In a perfect world, Sims would pay the fine, and would be compelled to immediately give up the documents, and maybe even be held responsible for legal costs. But we live in a land where incompetence is given and ACCEPTED BY A JUDGE as an excuse for a stolen election. I've stated before, there is now no reason to follow election laws in this state, and now there's no reason to follow public disclosure laws either.

Posted by: Scott C on August 26, 2005 02:51 PM
24. Check my blog: www.Yousoufian.blogspot.com for my latest posts about the Times and P-I articles, etc.

Posted by: Armen Yousoufian on August 27, 2005 09:53 AM
25. PW,

You may well be right, but I lean toward the belief that "if it ain't close they can't cheat."
I speculate (though I have no proof) that Dino Rossi had a lot more votes than we currently think he had. Still yet the Democrats had a hard time cheating us out of Rossi's election. If we are unable to elect David Irons in King County, then the people here will get what it deserves in spades. I might just leave for a few years and come back to profit from the damage that more of the same insanity would wrought here.

We must continue to try to solve this politically. Legally they have the situation sewn up so tight that we have little recourse.

I didn't see anything about this Yousoufian case in the local media, but it needs to be discussed over and over again. Also I like Happy Go Lucky's idea to request the same docs that Shark has, and when we don't get them, join him in his suit. I think a better option to this would be to request the specific documents that Armen Yousoufian requested because there is a judgment against Sims in that case already.

I wonder how much a Public Disclosure request costs and what it would take to organize a group effort?
It's worth looking into.

Posted by: Amused by liberals on August 27, 2005 11:04 AM
26. Hey Soup,

Isn't it interesting that none of the toe sucking liberal apologists like JDB, Rich Kiker Witz, or Bruce et al
are piping up about this subject?

AND where is that self-renowned star political analyst DAVID GOLDSTEIN when
we need the straight scoop about liberal democrat policies and integrity?
Hey David why not come on over and straighten us all out about Ron Sims?

Let me guess, Sims is not guilty of any misconduct that can be proven by any of the documents that he obduratly and illegally
refuses to release, but he refuses because . . ah . . . well . . . it's ahh . . . principal ahh . . .
Bush lied, and ah . . . Rumsfeld ordered Abu Gharaib.

I would rather enjoy hearing the reinventions and farcical dodges they are using to splain Sims way out of this one, but I’m not interested in wading into their toilet (Horsesass.crap) to find out.
Spose Sim's dog ate the documents?

Posted by: Amused by liberals on August 27, 2005 11:28 AM
27. Sorry Amused, but I think it's free cheese day at the co-op....you're not likely to find any liberals around when they can get something for nuthin!

Posted by: alphabet soup on August 27, 2005 03:24 PM
28. Goldstein is cheesy all right but for more important reasons than you cite.
David Goldstein's ego will not allow him to discuss issues with anyone but Shark. It is apparent by his arrogant demeanor on the radio that he believes he is something special. It is fun for us that he is unaware of what an embarrassment he makes of himself and thus how useful he is to conservatives.

John Carlson sees this guy for what he is, treats him courteously, and allows him wide latitude on the radio, and Goldstein’s vanity interprets the civility as respect. David Goldstein is a great advocate for his views, and that is why it is especially good that he prominently displays them. His style over substance brand of ideology provides a great contrast to common sense.

I am grateful for David Goldstein, he is a great liberal democrat.

Posted by: Amused by liberal big shots on August 29, 2005 01:02 PM
29. I was with you right up to the "grateful" part. To me, that's like having the neighbor's dog crap in your yard, and being grateful that it's a yappy Chihuahua and not a Great Dane.....

Posted by: alphabet soup on August 29, 2005 04:53 PM
30. Someone called Armen a Patriot--truer words were never spoken. God bless him! Thanks for the protecting the little guy.

Interestingly, entrenched liberals LOVE David & Goliath stories--until THEY are the Goliath. Then, it's a legal battle regarding the rules of engagement, Queensbury Rules and why pebbles & slings are equivalent to WMD's.

What did campaigning John Kerry quote about his Mom's comments? "Integrity, integrity, integrity?" Someone in the govt transparency committee lost their bookmarked page in the liberal playbook-bible.

Posted by: Jimmie-howya-doin on August 30, 2005 11:10 AM
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