The Honorable Timothy A. Bradshaw Hearing date: October 15, 2018 SUPERIOR COURT FOR THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING JAMES EGAN, individually, Plaintiff, v. CITY OF SEATTLE, a Washington municipal corporation, Defendant. ARTHUR WEST, Plaintiff, V. SEATTLE CITY COUNCIL, CITY OF SEATTLE, LISA HERBOLD, BRUCE HARRELL, KSHAMA SAWANT, ROB JOHNSON, DEBORA JUAREZ, MIKE SALLY BAGSHAW, TERESA MOSQUEDA, LORENA GONZALEZ, Defendants. ORDER ON CITY OF MOTION FOR PROTECTIVE ORDER AND APPOINTMENT OF SPECIAL MASTER - 1 NO. 18-2-14942-8 SEA (Consolidated) ORDER ON CITY OF MOTION FOR PROTECTIVE ORDER AND APPOINTMENT OF SPECIAL MASTER Peter S. Holmes Seattle City Attorney Avenue, Suite 2050 Seattle, WA 98104-7'09? (206)684-8200 THIS MATTER came before the Court on Defendant City of Seattle?s Motion for Protective Order and Appointment of Special Master, and the Court having considered: The City?s: Motion, Plaintiff James Egan?s Opposition, The City?s Reply, and Plaintiff Arthur West?s Reply in Opposition to the City?s Motion; and being familiar with the ?les and pleadings in this matter, and having heard oral argument from counsel on October 15, 2018, is fully advised. NOW, THEREFORE, the Court rules as follows: 1. The Plaintiffs in this consolidated matter seek discovery the following information as previously Ordered (dated September 14, 2018} produced by this Court: REQUEST FOR PRODUCTION NO. 1: Please produce any and all documentation for every communication identi?ed in reSponse to these interrogatories related to the repeal of the ordinance commonly known as the ?head tax? including all emails, written communications, draft public statements, related cell phone records, internal correspondence, and any form of communication whatsoever. REQUEST FOR PRODUCTION N0. 2: Please produce any and all forms of communication, including emails and cell phone logs, related to Sally Bagshaw?s communications with anyone employed by a government agency related to any potential recall vote as against former Mayor Ed Murray. Additionally: (I) in response to Mr. Egan?s Request for Production No. 1, the City of Seattle shall include and produce all responsive materials including those in the possession and/control of Mayor Jenny Durkan and any and all of her deputies; (2) in response to Mr. Egan?s Request for Production No. 2, the City of Seattle shall include and produce all related documents that Sally Bagshaw referenced as ?circulating? that have not yet been produced. Peter 8. Holmes ORDER ON CITY OF MOTION FOR PROTECTIVE Seattle City Attorney ORDER AND APPOINTMENT OF SPECIAL MASTER - 2 701 5th Avenue, Suite 2050 Seattle, WA 98l04-1'09? (206) 684-8200 ORDER ON CITY OF MOTION FOR PROTECTIVE ORDER AND APPOINTMENT OF SPECIAL MASTER - 3 2. The City of Seattle shall produce and divulge any and all responsive documents currently in the ?possession, custody, or control? of the Seattle City Attomey?s Of?ce including those records referenced by counsel during oral argument at the hearing that occurred on October 15, 2018, by October 19, 2018. Additionally, to the extent not previously accomplished, the City Attorney?s Of?ce is directed to respectfully request that each current City Councilmember, Mayor Jenny Durkan, and anyone under their employment search their personal ?les, devices, and accounts for records that: a. are related in any way to the repeal or prOposed repeal of the EHT ordinance, also known as the ?head tax?, speci?cally including records relating to employee political activity potentially relevant to the ?head tax? and that b. were generated on or after June 5, 2018; c. the resulting searches and production are to be conducted in good-faith with ambiguities to be resolved in favor of disclosure. The City employees who are subject to this order are responsible for searching their ?les, devices, and accounts for responsive records, and then must produce any responsive records (e-mails, text messages, and any other type of data), to the City. Cf Nissan v. Pierce County, 183 Wn.2d 863, 886 (2015). The employees must also submit an af?davit attesting to facts suf?cient to show that all responsive records have been produced. Id. The af?davits of each City Councilmember and of Mayor Jenny Durkan shall state which of their employees has conducted the search required by paragraph 2, and if any of their employees were not asked to search, shall state why. The City may review the material provided by its employees prior to production. If the City elects to withhold any material as privileged or to claim that it is non- responsive, the City shall produce a log of any withheld material including Peter S. Holmes Seattle City Attorney 701 5th Avenue, Suite 2050 Seattle, WA 98104-3097 (206) 684-8200 information suf?cient to determine whether the withheld material is indeed privileged or non-responsive. 6. The City shall comply with paragraphs 3-5 of this Order on or before October 3 1, 2018. 7. The Court declines at this time to appoint a special master as doing so could compromise transparency. 8. In addition to the above, the court incorporates by reference its oral ?ndings and conclusions. IT IS SO ORDERED. DATED this 16th day of October, 2018. Ax? Hon. Timothy A. Bradshaw Peter 5. Holmes Seattle City Attorney '10} 5th Avenue, Suite 2050 Seattle, WA 98104-7097 (206) 684-8200 ORDER ON CITY OF MOTION FOR PROTECTIVE ORDER AND APPOINTMENT OF SPECIAL MASTER - 4