Our Voice: Let’s not forget who broke the law in Mesa
We’re proponents of access to public records, whether it’s a request for information made by a member of the media or a resident of the community.
Our country’s foundation is based on transparency in government actions and the public’s right to know how its dollars are spent.
When public entities don’t follow the rules governing the access guaranteed by law in this state, they should be sanctioned.
Determining what is a reasonable penalty can sometimes get sticky.
In no case is that more apparent than in the quest by prolific public records requestor Donna Zink against the city she once governed.
Zink, the former mayor of Mesa, won a judgment against the city for $353,000 for 33 violations of the state public records law. Zink had sought the records in an attempt to expose what she considered overly aggressive city code enforcement actions.
That award is more than twice the tiny city’s annual operating budget. With a population hovering around 500, that equates to more than $700 per resident.
The judge originally set the penalties at $265,000, but found a spreadsheet error had calculated the fees incorrectly. The corrected figure of $353,000 is devastating for the city. Even the judge who presided over the case hesitated at the figure.
Franklin County Superior Court Judge Bruce Spanner said the dollar figure was “unsettling” considering the city’s coffers.
Mesa is surrounded by farm lands, and it functions as the official postal code for surrounding communities including Basin City. The Big Bend Electric Cooperative district office is the most visible sign of activity.
And now the city is facing an insurmountable financial hurdle with the judgment it must pay Zink. Judge Spanner also assessed $18,000 in legal fees in addition to $100,000 in fees the city had already paid.
A former railroad town once known as Bluff Wells, Mesa has little in the form of industry or much of a tax base to generate revenue, and certainly no way to pay Zink what the judge ordered.
Zink turned down a settlement offer of $125,000 after last week’s judgment.
You have to wonder whether Zink’s fight with the city is purely based on its failure to provide her with the records as prescribed under state law or if it’s something much more personal.
As the former mayor, Zink had to have cared enough about the city at one point to want to be its leader. By not accepting the settlement offer, it appears her concern for her city has waned, if not evaporated completely. The court rightfully found Zink had been damaged by the illegal acts of the city. Whether or not she was damaged to the tune of $353,000 is one question. Whether or not the city of Mesa will ever be able to pay, or survive to serve it’s citizens, is another. The city is expected to appeal the judgment, and we expect the final penalty to be lowered. Hopefully enough to satisfy Zink and give hope to the residents of Mesa.
The dispute between Zink and Mesa began in 2003 when Zink made a range of requests for public records she claimed would prove the city was abusing its code enforcement authority. The relationship became so contentious that Zink’s time at City Hall was limited to one hour per day.
The city actually prevailed in court initially, casting Zink as an overzealous sort whose requests were beyond burdensome. But she won on appeal, and a second appeal brought the court to revisit and revise the penalties.
Spanner ruled that Mesa routinely delayed releasing records past the allotted deadline, and redacted information that should have been made public.
Could Zink have made it easier on the city and still gotten what she needed? Possibly.
Did the city of Mesa violate the law? Without doubt.
Zink has been vilified, and the city of Mesa portrayed as a victim by those promoting efforts to weaken the public records act. Her refusal of a lower settlement offer adds fuel to that fire.
But we must remember the city of Mesa willingly broke the law. More correctly, someone or several someones in a position of public trust and power abused that trust and power. Cities don’t break laws, the people who run them do.
So if Mesa goes, there’s more than one villain to point the finger at.
Small town politics can be treacherous and personal. In this case, so much so, that it threatens a city’s existence. It’s an ugly shame.
What would be even more shameful is if groups like the Association of Washington Cities can use this to limit your right to access the records of the agencies that govern your life.
Zink may be seen as the villain by some, but we should all remember who broke the law.
This story was originally published May 16, 2016 at 5:20 PM with the headline "Our Voice: Let’s not forget who broke the law in Mesa."