Port of Allyn agrees to lawsuit settlement

Kirk Boxleitner | Jul 07, 20220

The Port of Allyn and Mason County resident Bradley Carey agreed to settle lawsuits June 9 concerning alleged violations of Washington’s Public Records Act, Open Public Meetings Act and related claims, according to port Operations Manager LeAnn Dennis, who released copies of the settlement agreement to the public June 23.

According to the settlement, Carey had asserted claims related to the state acts and other statutory claims against the port and individuals.

Carey served lawsuits to Port of Allyn Commissioners Judy Scott and John Sheridan during their June 6 meeting’s executive session. Carey and Port of Allyn Executive Director Lary Coppola co-signed a settlement agreement three days later.

As part of the settlement, Carey and the port agreed to terms including the following, which are quoted from the settlement agreement:

The port “recognizes that it infringed Carey’s rights of speech and to petition his government when it applied content-based rules limiting Carey’s comments during a public meeting.”

Carey “disputes the port’s compliance and fullest assistance in fulfilling” Carey’s public records requests, while the port “acknowledges some past irregularities in its responses” and “is committed to improving its compliance through additional training.”

The port “took action inconsistent” with the Open Public Meetings Act when it failed to authorize the “open letter” in a properly noticed public meeting prior to the posting of that letter on the internet.

Carey agreed to withdraw all active and pending Public Records Act requests to the port, as of the date of this agreement, and not to refile such requests nor initiate new Public Records Act requests, nor to facilitate third-party filing of Public Records Act requests on his behalf, for 18 months following execution of the agreement.

Both parties agreed they’ll bear their own costs, expenses and attorney’s fees relating to the claims. The agreed to reimburse Carey for costs and fees in the amount of $20,000. The port further agreed to pay Carey $10,000 in consideration for his agreement to voluntarily dismiss all pending claims, with an initial payment of $5,000 following within five business days of the Port of Allyn commissioners’ approval of the agreement, and with the remainder paid in five installments of $5,000 each, to be paid following the regularly scheduled port commission meetings in August, October and December, and February and April of 2023.

Both parties agree to a minimum penalty of $10,000 for either party breaching the agreement, with Carey and the port agreeing they will not, for an 18-month period, directly or indirectly, make, publish or communicate to any person or entity, or in any public forum, any defamatory statements concerning the other, their respective employees, officers, shareholders, members or advisers.

Other than issuing a joint press release, both parties agreed they won’t discuss the settlement, or the contents of this agreement, except as required by law, as necessary by the port to approve payment to Carey, and subject to the port’s obligations under the Public Records Act.