Ruling delayed on Bellingham public records case

JOHN STARK - THE BELLINGHAM HERALD

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BELLINGHAM - Whatcom County Superior Court Judge Steven Mura said he needs more information before he can rule on whether a court-appointed arbitrator has the right to order the destruction of a city report that might otherwise be considered a public record.

The records issue stems from the arbitrator's ruling against the city of Bellingham in its dispute with Matia Contractors over renovations at Joe Martin Field. In siding with Matia, arbitrator J. Richard Manning ruled in late July that the city had committed "substantial breaches of the contract" with Matia, which had been hired to install drainage and sprinkler pipe, new ball field soil and turf.

The arbitrator ordered the city to pay Matia an additional $240,000, and also ordered the destruction of a report critical of Matia that was prepared by a city engineer.

The Bellingham Herald intervened in the case to challenge the arbitrator's legal authority to destroy a record that should be public under state law.

"The Public Records Act trumps the arbitrator's finding," attorney Greg Overstreet, representing The Bellingham Herald, told Mura at a hearing Friday, Sept. 25.

Mura said he wanted Overstreet and Matia attorney Tymon Berger to provide him with legal briefs on that issue and be ready to argue the matter in two weeks. Mura also told Assistant City Attorney Peter Ruffato that the city should not destroy the report in the meantime.

Ruffato told Mura that the city takes no position on the validity of the arbitrator's order, and looks to the court to resolve the legal dilemma.

The next hearing on the issue is tentatively scheduled for Friday, Oct. 9.