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City attorneys brief council on 'Lisonbee affidavits' for public-records searches
Summary
City and outside counsel explained the use of Lisonbee affidavits to document searches of personal devices and accounts for public-records requests, and answered council questions about when and how the affidavits should be completed.
The Lake Stevens City Council received an informational briefing from the city’s outside public-records counsel and the city attorney about Lisonbee affidavits — sworn statements detailing the scope and results of searches for records on personal devices or accounts in response to public-records requests.
Why it matters: Under Washington’s Public Records Act, agencies must search for and produce responsive records that are prepared, owned or used by public officials or employees in their work, even if those records exist on personal devices. Affidavits documenting searches are often used to demonstrate that the agency conducted an adequate search.
Andrew Somy, an attorney with Ogden Murphy Wallace, explained that Lisonbee affidavits attach to the public-records response and describe the nature and extent of searches for records on non-city devices or accounts. "These affidavits are known as Lisonbee affidavits," Somy said, describing the affidavits as reasonably detailed, nonconclusory statements that document search steps taken.
The briefing clarified practical points that drew council questions: when an official is asked to search a personal device versus city devices, what to record as search steps, and how to sign off. Somy and city attorney Greg Robstello said the affidavit is requested only when a requester specifically asks the city to search a personal account or device and that officials should describe the search they performed (for example, using a message-app search function to query specific phone numbers).
Council members asked whether a person with both a city phone and a personal phone should note that the city phone was searched and whether an affidavit is required when no records exist. Attorneys said the form should be used to document the search and that a simple description of search actions is sufficient when nothing responsive is found. Staff said the city can provide additional assistance for officials who prefer an alternate process.
Ending: Attorneys offered to provide more education and assisted processes; staff will confirm receipt of affidavits filed and circulate FAQ materials so council members can comply easily with public-records requests.
