Council amends public records policy after public comment; city attorney recommends case-by-case counsel

The Milton City Council voted unanimously June 10 to amend Section 5.5 of the city's public records policy following public comment and discussion about how the city responds if a citizen files suit to obtain records.

Howard Steele, a resident, asked the council what the city’s policy would be if a citizen sued an official or the city to obtain public records — specifically whether the city would direct the city attorney to defend an official using city funds or remain neutral. Steele said he wanted clarity about whether taxpayer dollars would be used to defend elected officials in such suits.

City officials responded that the question depends on the circumstances of any particular case. The city attorney explained that typical practice is to evaluate the suit’s allegations, who is named, and the facts before advising the client; he said there is not a single automatic approach that fits every case. The city attorney and other council members said defenses and use of city resources are determined after assessing the legal issues and the city’s obligations and that, in practice, prior matters had been handled with city counsel advising and, in some instances, representing officials while other matters were assessed on their facts.

Following that exchange the council moved the public records policy amendment off consent for discussion and then voted to approve the revisions as presented. Council members asked staff to consult the city clerk, the city manager and the city attorney when public‑records disputes arise so the council can be briefed and determine an appropriate course of action in specific cases.