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9A THE DAILY ASTORIAN • WEDNESDAY, SEPTEMBER 20, 2017 New secrecy tactic: suing people who seek public records Government turns the tables By RYAN J. FOLEY Associated Press An Oregon parent wanted details about school employ- ees getting paid to stay home. A retired educator sought data about student performance in Louisiana. And college journal- ists in Kentucky requested doc- uments about the investigations of employees accused of sexual misconduct. Instead, they got something else: sued by the agencies they had asked for public records. Government bodies are increasingly turning the tables on citizens who seek public records that might be embar- rassing or legally sensitive. Instead of granting or denying their requests, a growing num- ber of school districts, munici- palities and state agencies have filed lawsuits against people making the requests — taxpay- ers, government watchdogs and journalists who must then pur- sue the records in court at their own expense. The lawsuits generally ask judges to rule that the records being sought do not have to be divulged. They name the requesters as defendants but do not seek damage awards. Still, the recent trend has alarmed freedom-of-information advo- cates, who say it’s becoming a new way for governments to hide information, delay disclo- 651 Help Wanted Want to join us? The Daily Astorian is seeking an OUTSIDE SALESPERSON, for our Seaside Office, who is passionate about helping local businesses be successful. Must demonstrate excellence in person-to-person sales and customer service, work well with a support team and be proficient with technology while managing time and required paperwork efficiently. This is a full-time position, working Monday through Friday with evenings and weekends off, plus paid holidays! Base wage plus commission and mileage reimbursement make this a great opportunity for an aggressive sales professional. Benefits include paid time off(PTO), insurances and a 401(k)/ Roth 401(k) retirement plan. Send resume and letter of interest to: EO Media Group PO Box 2048 Salem, OR 97308-2048 or e-mail: hr@eomediagroup.com ERROR AND CANCELLATIONS Please read your ad on the first day. If you see an error, The Daily Astorian will gladly re-run your ad correctly. We accept responsibility for the first incorrect insertion, and then only to the extent of a corrected insertion or refund of the price paid. To cancel or correct an ad, call 503-325-3211 or 1-800-781-3211 At least two recent cases have succeeded in blocking information while many others have only delayed the release. State freedom-of-infor- mation laws generally allow requesters who believe they are wrongly denied records to file lawsuits seeking to force their release. If they succeed, government agencies can be ordered to pay their legal fees and court costs. Suing the requesters flips the script: Even if agencies are ultimately required to make the records public, they typically will not have to pay the other side’s legal bills. “You can lose even when you win,” said Mike Desho- tels, an education watchdog who was sued by the Louisiana Department of Education after filing requests for school dis- trict enrollment data last year. “I’m stuck with my legal fees just for defending my right to try to get these records.” The lawsuit argued that the data could not be released under state and federal pri- vacy laws and initially asked the court to order Deshotels and another citizen requester to pay the department’s legal fees and court costs. The department released the data months later after a judge ruled it should be made public. Deshotels, a 72-year-old retired teachers’ union offi- cial who authors the Louisi- ana Educator blog, had spent $3,000 fighting the lawsuit by then. He said the data ulti- mately helped show a widening achievement gap among the state’s poorest students, under- cutting claims of progress by education reformers. The lawsuits have been denounced by some courts and policymakers. A New Jersey judge in 2015 said they were the “antithesis” of open-re- cords policies and dismissed a case filed by a township against a person who requested police department surveillance video footage. In Michigan, the state House voted 108-0 earlier this year in favor of a bill that would make it illegal for agencies to sue public records requesters. The proposal came in response to a county’s lawsuit against a local newspaper that had sought the personnel files of two employ- ees running for sheriff. A judge dismissed the lawsuit, saying the county had to approve or deny the request. The documents, ultimately In April, the Portland school district filed a lawsuit against parent Kim Sordyl, who is seeking records about employees on leave for alleged misconduct after the disclosure that one psychologist had been off for three years. Sordyl said she believes the information will expose costly missteps by district human resources officials and lawyers, and the district attorney has already ordered the records to be released. 652 Work Wanted 664 Services 101 Legal Notices 101 Legal Notices 101 Legal Notices IF YOU HAVE QUESTIONS about a Business or School Advertised, we advise you to call: The Consumer Hotline in Salem at (503)378-4320, 9AM-1PM, Monday-Friday or in Portland at (503)229-5576 AB6456 NOTICE OF SHERIFF’S SALE Flipping the script NOTICE: Oregon Landscape Contractors Law (ORS 671) requires all businesses that advertise landscape contract- ing services be licensed with the Landscape Contractors Board. This 4-digit number assures the business has a bond, insurance and an asso- ciated individual contractor who has fulfilled the testing and experience require- ments for licensure. For your protection call (503)378-5909 or use our web site: www.lcb. state.or.us to check license status before contracting with the business. Persons doing landscape maintenance do not require a LCB license. Oregon state law requires anyone who contracts for construction work to be licensed with the Construction Contractors Board. An active license means the contractor is bonded and insured. Verify the contractor’s CCB license through the CCB Consumer Website www.hirelicensedcontrac- tors.com WE DELIVER! Please leave a light on or install motion detector lights to make your carrier’s job easier. Thanks! THE DAILY ASTORIAN 664 Services *ATTENTION READERS * Readers respond to mail/ phone order ads at their own risk. If in doubt about a particular offer, check with the Better Business Bureau or U.S. Postal Service before sending any money. The Daily Astorian ASSUMES NO LIABILITY FOR MAIL ORDER ADVERTISERS. www.DailyAstorian.com w w w .d ailyasto rian .co m Garage Sale Saturday and Sunday 09/23-09/24 8am-5pm Automotive, marine, household. New 165hp Merc Cruiser motor and outdrive, Mazda, VW, Toyota, Chevrolet parts, ‘78 Chevy pickup body parts, fishing tackle, crab rings, 25hp Mercury outboard w/all controls 2143 SE Dolphin Ave, Warrenton AP Photo/Don Ryan Kim Sordyl poses for a photo at home as her family eats breakfast in the kitchen in Portland in July. 667 Loans & Financing NOTICE TO CONSUMERS The Federal Trade Commission prohibits telemarketers from asking for or receiving payment before they deliver credit repair services, advance fee loans and credit, and recovery services. If you are asked to render payment before receiving any of the preceding services, please contact the Federal Trade Commission at: 1-877-382-4357 807 Fuel, Heating & Firewood FREE WOODEN PALLETS Available for pick up at The Daily Astorian loading dock. 949 Exchange St, Astoria NOTICE TO CONSUMERS Oregon Firewood Law requires advertisements quote a price and also express quantity in units of a cord or fractional part of a cord. Ads must also identify the species of wood and whether the wood is unseasoned (green) or dry. SEASONED MIXED SPECIES FIREWOOD Rounds U-Split $170/cord Split Wood $200/cord Delivery May Apply (503)717-3227 814 Jewelry GARAGE SALES 464 Warrenton released days before the elec- tion, showed that one of the candidates had been disciplined for carrying on an affair while on-duty in 2011. That candi- date lost. The Michigan bill’s spon- sor, Republican state Rep. Klint Kesto, called the tactic “a back- door channel to delay and put pressure on the requester” that circumvents the state’s Free- dom of Information Act. “Government shouldn’t file a lawsuit and go on offense. Either approve the request or deny it,” he said. “This shouldn’t be happening any- where in the country.” As his bill remains pend- ing in a state Senate committee, Michigan State University filed a lawsuit in May against ESPN after the network requested police reports related to a sex- ual assault investigation involv- ing football players. That and a number of other cases are cur- rently unfolding. “They are going to great lengths to protect themselves and their own mismanagement. This is retaliation,” said Sor- dyl, who has hired an attorney. “Most people would give up.” A district spokesman said the lawsuit, which also names a journalist who requested sim- ilar information, amounts to an appeal “in an area of pub- lic records law that we believe lacks clarity.” “When this information is released prematurely, the district’s position is that the employees’ right to due process is jeopardized,” spokesman Dave Northfield said. The University of Kentucky prevailed in January when a judge blocked the release of records sought by its student newspaper detailing the inves- tigation of a professor who resigned after being accused of groping students. The judge agreed with the university that the records would violate the privacy rights of students who were vic- tims even if their names were redacted. While that ruling is on appeal, Western Kentucky Uni- versity filed a similar lawsuit against its paper, the College Heights Herald, which sought records related to allegations of sexual harassment and assault involving employees. Several other state universities released similar documents to the news- paper, and the state attorney general has ruled that they are public records. sure and intimidate critics. “This practice essentially says to a records requester, ‘File a request at your peril,’” said University of Kansas jour- nalism professor Jonathan Peters, who wrote about the issue for the Columbia Jour- nalism Review in 2015, before several more cases were filed. “These lawsuits are an absurd practice and noxious to open government.” Government officials who have employed the tactic insist they are acting in good faith. They say it’s best to have courts determine whether records should be released when legal obligations are unclear — for instance, when the documents may be shielded by an exemp- tion or privacy laws. Go. Do. coastweekend.com dining • the arts • music shopping • museums • classes • movies gardening • news • blogs • more In a hurry? Placing a classified ad is fast and easy! Call 503-325-3211 to place your ad order today! Buying Gold, Silver, Estate Jewelry, Coins, Diamonds, Old-Watches. Downtown Astoria- 332 12th St Jonathon’s, LTD. (503)325-7600 828 Misc for Sale Davidson 701D one color printing press Clean and in excellent shape. Has been running daily. New 208 ac motor. Extra supplies and parts. Services & parts manuals. $2,000 you haul. Available Oct 1 in Astoria, OR you haul. Contact Tom or Carl at The Daily Astorian 503-325-3211 If you want results... 74% of Clatsop County Residents read The Daily Astorian and rated Classifieds #1 for the most read section!! (From 2010 Astoria Market Study, by Marshall Marketing & Communications, Inc. Pittsburgh, PA) (503)325-3211 ext. 231 or (800)781-3211 classifieds@dailyastorian.com www.dailyastorian.com On October 5, 2017, at the hour of 10:00 AM at the Clatsop County Sheriff’s Office, 1190 SE 19th Street in the City of Warrenton, Oregon, the defendant’s interest will be sold, subject to redemption, in the real property commonly known as: 1000 N Holladay Drive Seaside, OREGON. The court case number is 16CV30305, where WELLS FARGO BANK, N.A. is plaintiff, and THE ESTATE OF LESLIE A. DEGANDI, DECEASED; TRACY W. DEGANDI, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF BONITA L. DEGANDI, DECEASED; THOMAS D. DEGANDI; TIMOTHY S. DEGANDI; TRACY W. DEGANDI; UNKNOWN HEIRS AND DEVISEES OF LESLIE A. DEGANDI, DECEASED; BRIDGEPORT CONDOMINIUMS UNIT OWNERS ASSOCIATION; AND PERSONS OR PARTIES UNKNOWN CLAIMING ANY RIGHT, TITLE, LIEN, OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT HEREIN is defendant. The sale is a public auction to the highest bidder for cash or cashier’s check, in hand, made out to Clatsop County Sheriff’s Office. For more information on this sale go to: http://oregonsheriffssales.org/ (OR), http://files.co.clatsop. or.us/ccso/foreclosures.pdf Published: August 30th, September 6th, 13th, and 20th, 2017. Have you seen our FEATURED ADS? Only viewable on our website, www.dailyastorian.com. Call 503-325-3211 for more information! AB6465 NOTICE OF SHERIFF’S SALE On October 19, 2017, at the hour of 10:00 AM at the Clatsop County Sheriff’s Office, 1190 SE 19th Street in the City of Warrenton, Oregon, the defendant’s interest will be sold, subject to redemption, in the real property commonly known as: 91507 Railroad Road, Warrenton, OREGON. The court case number is 17CV05095, where FEDERAL NATIONAL MORTGAGE ASSOCIATION (“FANNIE MAE”) is plaintiff, and MARGARET D. TOMITA, INDIVIDUALLY AND AS TRUSTEE OF THE MARGARET D. TOMITA TRUST DATED AUGUST 27, 1996; and ALL OTHER PERSONS OR PARTIES UNKNOWN CLAIMING ANY RIGHT, TITLE, LIEN, OR INTEREST IN THE REAL PROPERTY COMMONLY KNOWN AS 91507 RAILROAD RD, WARRENTON, OR 97146 is defendant. The sale is a public auction to the highest bidder for cash or cashier’s check, in hand, made out to Clatsop County Sheriff’s Office. For more information on this sale go to: http://oregonsheriffssales. org/ (OR), http://files.co.clatsop.or.us/ ccso/foreclosures.pdf Published: September 6th, 13th, 20th and 27th, 2017. Parent sued AB6475 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF CLATSOP WELLS FARGO BANK, NA, Plaintiff, v. THE UNKNOWN HEIRS AND DEVISEES OF NEIL S. MCCARTNEY; UNKNOWN SUCCESSOR TRUSTEE OF THE NEIL S. MCCARTNEY REVOCABLE LIVING TRUST OF 2013; KRISTI ROSSELL; OCCUPANTS OF THE PROPERTY, Defendants. Case No.: 17CV21701 SUMMONS BY PUBLICATION To: THE UNKNOWN HEIRS AND DEVISEES OF NEIL S. MCCARTNEY and UNKNOWN SUCCESSOR TRUSTEE OF THE NEIL S. MCCARTNEY REVOCABLE LIVING TRUST OF 2013 You are hereby required to appear and defend the Complaint filed against you in the above entitled cause within thirty (30) days from the date of service of this summons upon you, and in case of your failure to do so, for want thereof, Plaintiff will apply to the court for the relief demanded in the Complaint. NOTICE TO DEFENDANT: READ THESE PAPERS CAREFULLY! You must “appear” in this case or the other side will win automati- cally. To “appear” you must file with the court a legal paper called a “motion” or “answer.” The “motion” or “answer” (or “reply”) must be given to the court clerk or administrator within 30 days of the date of first publication specified herein along with the required filing fee. It must be in proper form and have proof of service on the plaintiff’s attorney or, if the plaintiff does not have an attorney, proof of service on the plaintiff. If you have questions, you should see an attorney immediately. If you need help in finding an attorney, you may call the Oregon State Bar's Lawyer Referral Service at (503) 684-3763 or toll-free in Oregon at (800) 452-7636. The relief sought in the Complaint is the foreclosure of the prop- erty located at 82378 Vinemaple Road, Seaside, OR 97138. Date of First Publication: September 18th, 2017. McCarthy & Holthus, LLP Jeremy Clifford, OSB No. 142987 920 SW 3rd Ave, 1st Floor Portland, OR 97204 Phone: (855) 809-3977 Fax: (971) 201-3202 E-mail: jclifford@mccarthyholthus.com Of Attorneys for Plaintiff Published: September 20th, 27th, October 4th and 11th, 2017