In our last post, we began discussing a recent settlement between the Seattle Police Department and the Washington Association of Criminal Defense Lawyers in which the department had been accused of violating public-disclosure law by withholding information as to the way it handled domestic violence cases.

The attorney who represented the association said the case could also have involved violation of the civil rights of defendants and ought to be reviewed by the Justice Department, who is currently investigating the Police Department's use of force as well as its treatment of minorities.

Under Washington's Public Disclosure Act, violations can result in fines between $5 and $100 per day. Sources indicate that the attorney for the association asked the department to pay a $50 penalty for each day the documents were withheld. Both parties ended up agreeing to a payment of $22,050 for the period of 441 days during which the manual was withheld. The settlement also includes $9,491.19 for attorneys' fees and $458.81 for court costs.

The recent settlement comes after two previous public disclosure issues connected to the department. Last August, the department was reportedly fined $70,000 for violation of public-disclosure laws at the end of a civil lawsuit on behalf of a man who claimed he was threatened by an off-duty police officer. That ruling in that case is under appeal at present.

Sources also say that, last year, the department failed to provide information to the Seattle Times in response to a public-disclosure request. That information consisted of an email written by a City Council member to Police Chief John Diaz. The council member reportedly insisted that an outside agency be brought in for an investigation of last summer's shooting of First Nations woodcarver John T. Williams.

Since those incidents, Officer Diaz has promised to improve the way the police department handles public-disclosure requests. Further, the Seattle Police Department is currently in the process of rewriting the volunteer instruction manual to ensure it meets its legal obligations.

Source: The Seattle Times, "SPD agrees to pay $32,000 for withholding domestic-violence advice," Steve Miletich, 5 April 2011.