Judgment could cause Wash town's bankruptcy

MESA, Wash. (AP) - A judgment for violating the state open records law against the small Eastern Washington town of Mesa has officials there considering bankruptcy or disincorporation.

The Franklin County town, located about 25 miles north of Pasco, owes $246,000 in attorney fees and legal penalties for violations related to the case filed against the city by former Mayor Donna Zink and her husband, Jeff Zink.

Zink was Mesa's mayor from 1990-93 and served two separate council terms through 2001.

City Councilman David Ferguson said bankruptcy or disincorporation may be inevitable. But he said that won't happen until the case has made its way through the courts, which could take several years.

Both the Zinks and the city have appealed the judgment.

"That will be the city's last step," Ferguson said. "It will do everything not to have to do that."

The judgment is at least a quarter of the city's annual budget, Ferguson said.

Mesa has about 440 people.

The dispute began in 2002 when Zink started requesting public records after the city said a building permit to repair her fire-damaged home had expired. She requested city correspondence and phone and fax logs to investigate her expired permit and other complaints against the city.

Attorneys for the city, which was incorporated in 1955, and Mayor Austin Davis met with county officials Tuesday to see if the county could lend any financial assistance or help lobby to change the public records act regarding penalties for small jurisdictions.

Ryan Verhulp, the county's chief civil deputy prosecutor, informed county commissioners about the situation Wednesday. He said bankruptcy or disincorporation could affect the county, which would have to take over roads, water and sewers for the town.

An attorney has been hired to consider the city's options, he said.

Ferguson said the judgment is at least a quarter of the city's annual budget, and it's not clear if insurance will pay for it. The city is insured by the Association of Washington Cities, but it was insured through the Cities Insurance Association of Washington when the Zink controversy began.

Ferguson is the only current council member who was a member during the dispute. Two of the six seats are vacant.

He said he believes Zink is upset with the state law and is trying to make a name for herself.

"Right now, she's bleeding the city dry," he said.

Zink rejected blame for Mesa's fate.

"I don't feel that I caused this to happen," she said. "I think they caused it to happen. They should've given me the records."