PRESS RELEASE

August 24, 2004

7E7 public records contradict state's declarations filed under penalty of perjury
Public records act violated by not releasing documents until July

OLYMPIA – Last week the Evergreen Freedom Foundation (EFF) received public records from the state's 7E7 Project Office that directly contradict previous legal declarations from that office — declarations filed under penalty of perjury related to EFF's public records lawsuit.

Thurston County Superior Court Judge Christine Pomeroy ruled on March 26, 2004, that EFF did not have the right to unfettered access to public documents related to the Boeing/State of Washington 7E7 agreement. On August 23, EFF filed its appeal brief and motion to supplement the court record.

Responding to EFF's December 19th request for the Boeing/State of Washington agreement, the 7E7 Project Office officials claimed in multiple legal declarations on February 25, 2004, that they did not have in their possession the authorizing resolutions in Exhibit F of the contract. This is the portion that listed the authority of various government entities to engage in certain contract provisions. Officials said they would provide Exhibit F documents to EFF as soon as they had them.

But from other contract provisions, EFF was certain the 7E7 office already had those documents, and EFF said so. The state's denial was swift.

7E7 Project Coordinator Robin Pollard, in her February 25, 2004, court declaration stated: "It is difficult to understand why EFF complains that CTED or the Project Office have not complied with the public records act when we have disclosed records ready for disclosure, and cannot disclose records we do not have or do not exist."

Former 7E7 Project Director Martha Choe also stated in her February 25, 2004, court declaration: "CTED and my office do not yet have copies of these documents, but will be happy to provide them to EFF, or any other requestor, once it receives them."

Also during this time period, Director Choe traveled to editorial boards to explain how EFF was harassing the 7E7 Office, asking for records she said her office had already provided or did not exist.

Then, records obtained by EFF on August 18, 2004, provide proof that the state did have in its possession copies of at least two of the authorizing resolutions requested by EFF—even at the time state officials were declaring under penalty of perjury they did not.

"A simple public records request from EFF has turned into a full-fledged court battle over what the public has a right to know," said Jason Mercier, EFF budget analyst. "When state officials are doing the public's business using the public's money, their obligation is to be transparent. No state official should feel free to withhold public records."

Additional Information

Public records time line for Exhibit F
December 19, 2003 - EFF requests copy of Boeing contract (request covered any documents responsive to Exhibit F)

February 25, 2004 - 7E7 Project Office officials (Choe, Krier, Pollard, State) file declarations under penalty of perjury claiming that no documents responsive to Exhibit F exist but once that office did have responsive documents it would turn them over to EFF.

May 13, 2004 - EFF again requests copies of documents responsive to Exhibit F (among other documents).

July 2, 2004 - Robin Pollard responds: "At this time, we have not received any further authorizing resolutions and therefore do not have any records responsive to this part of your request." However, among other documents provided on July 2 were internal 7E7 checklists which documented that the state did in fact have in its possession copies of the authorizing resolutions requested by EFF.

July 9, 2004 - EFF informs 7E7 Project Office that internal 7E7 checklists provided on July 2, 2004 indicated the state has in its possession documents responsive to Exhibit F.

July 15, 2004 - Robin Pollard responds: "You are correct; the authorizing government resolutions have not previously been sent. Thank you for bringing this oversight to our attention; we had intended that those would be part of the prior mailing to Mr. Mercier. Enclosed are copies of all local government authorizing resolutions that we have received to date."

August 3, 2004 - EFF sends follow up records request for all copies of the 7E7 Project Office's Boeing agreement checklists to determine the earliest date the state had in its possession documents responsive to Exhibit F.

August 18, 2004 - State's response provided documents indicating that at the time of the February 25, 2004 declarations to the court in EFF's public records lawsuit, the state had in its possession at least two of the authorizing resolutions requested.

August 23, 2004 - EFF files motion to supplement the court record to reflect the new records developments.

Contact: Jason Mercier | Budget Research Analyst | 360.956.3482

Evergreen Freedom Foundation P.O. Box 552, Olympia, WA 98507 Phone: (360) 956-3482, Fax: (360) 352-1874 Email: effwa@effwa.org