Mason County settles records lawsuit for $175,000

By Brad Shannon | The Olympian • Published September 08, 2008

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Mason County government has paid Tahuya resident Brad Carey $175,000 to settle a public records lawsuit that stemmed from requests left unfilled for a couple of years.

Carey initiated the first of 16 requests when someone filed an unsubstantiated complaint against him over disturbing salmon habitat. He represented himself and contended the county owed $485,000 at a rate of $100 per day per denied request.

“I was happy to get it resolved, but saddened it took such an action to get it,” said Carey, who described himself as a wholesale travel consultant and owner of rental properties along Hood Canal. “If my county had been trying, but not complying, I wouldn’t have taken an enforcement action.”

Carey said he hopes the county learns its lesson and corrects its practices, which includes the automatic deletion of government emails after 30 days. His father, Harold Carey, also has a suit pending against the county over other records requests he contends were denied.

The settled case had been scheduled for trial, and Harold Carey’s case goes to trial next week before Thurston County Superior Court Judge Gary Tabor. Olympia lawyer John Justice, who represents the county in both Careys’ cases, said there was a financial risk to the county in Brad Carey’s case if Judge Tabor ruled against it.

For more on this story, see Tuesday's Olympian.