Judge rules Langley records search adequate despite $207,000 legal spend

Judge Carolyn Cliff of Island County Superior Court ruled on October 19 that the city of Langley conducted an adequate search for public records, largely rejecting the claims of frequent requester Eric Hood. The decision concludes a dispute over documents related to Ordinance 1099, which the Langley City Council adopted in October 2022 to amend local public regulations.

Hood filed the lawsuit in October 2025, alleging that the city failed to disclose responsive records and did not adequately account for withheld documents. In his complaint, he argued that the city’s search methods were deficient, specifically criticizing the decision to restrict email searches to the period between September 1 and October 31, 2022. The city selected those dates because the ordinance was drafted in late September and adopted on October 17.

Cliff acknowledged that the search cutoff excluded an attorney invoice for work performed on the ordinance before its adoption. The invoice arrived after the selected end date. She also noted that the city improperly redacted two lines from a memorandum from the mayor to the City Council under attorney-client privilege, despite having previously released the entire document to Hood without redactions. The reviewing attorney had not realized the document was already public. Despite these errors, Cliff described the city’s efforts as careful and emphasized that the law does not require perfection.

Mayor Kennedy Horstman stated that the city has spent more than $207,000 in attorney fees defending lawsuits filed by Hood in 2023 and 2025. She cited these costs as a primary reason for asking voters to approve a property tax increase through a levy lid lift on November 3. The city, which has approximately 1,170 residents and 16 employees, does not have a dedicated public records officer.

Hood filed a motion for reconsideration on October 29, arguing that Cliff failed to adequately address evidence of deficient search methods. He contended that the excluded invoice and date restrictions reflected broader deficiencies rather than isolated mistakes. Hood also questioned whether the city adequately searched records maintained by attorneys involved in drafting the ordinance and argued that he lacked a fair opportunity to respond to late-submitted discovery because the discovery process had been suspended.

This is Hood’s sixth Public Records Act lawsuit against Langley since 2014. In 2016, he prevailed in a case involving records of former Mayor Fred McCarthy, receiving approximately $35,000 in penalties and fees. Judges dismissed his lawsuits from 2019 and 2021, with the state Court of Appeals upholding those decisions in 2025. He also filed a lawsuit in 2023. Langley’s attorney, Jessica Goldman, argued at a July 31 hearing that declarations from city officials established the locations searched and the terms used.

Hood also sought restrictions on statements city officials could make about him, arguing that certain comments violated an earlier agreement prohibiting retaliation. Cliff declined to impose those restrictions. In his latest filing, Hood renewed arguments for an injunction requiring Langley to enforce or improve its public records procedures. The next step in the process is for the court to consider Hood’s motion for reconsideration.