When news surfaced Oct. 26 that an East Side man injured in a case of wrongful arrest won an out-of-court settlement from the Vancouver Police Department and City of Vancouver, all parties refused to disclose any details.
Police Chief Jim Chu and lawyer Cameron Ward, acting on behalf of victim Yao Wei Wu, cited a confidentiality agreement that prevented them from discussing the settlement and money involved.
"Our policy on disclosure in regards to legal settlements is designed to protect the privacy of individuals and the business interests of the City," added the City of Vancouver in an email to the Courier.
But had Wu's case occurred in Seattle, taxpayers and journalists would have access to the amount of money paid out and a copy of the settlement via Washington State's Public Records Act.
"Yes, we do release the amount of the settlement and we always say the city does not admit liability," said Kimberly Mills, a spokesperson for the Seattle City Attorney's Office.
Mills pointed to the case of John T. Williams, an aboriginal woodcarver originally from Vancouver Island who was shot to death in August 2010 by Seattle police officer Ian Birk.
Williams was crossing a Seattle street with a knife in his hand when Birk told him to drop his knife before firing four shots into him. Birk later resigned from the force.
A settlement of $1.5 million was reached in April after negotiations involving representatives of the Williams Estate, Williams' mother and the City of Seattle.
The two-page agreement was also released, including details on how the money will be distributed and that a person would be appointed to represent any other potential heirs.
Mills said the attorney's office doesn't issue press releases in all cases where a settlement is reached. The Williams' case, she noted, was high profile but all settlements are available to the public upon request.
The City of Vancouver's practice has been not to release any information on settlements, unless requested under the Freedom of Information and Protection of Privacy Act. Even then, the information does not name the person who received the settlement or how much was paid out.
The only reason news of Wu's settlement surfaced is because a reporter asked the police chief to confirm reports of the agreement. Wu suffered a broken orbital bone and other injuries in January 2010 when police responded to his house after receiving a call of a domestic assault.
The 911 call had actually come from Wu's basement suite, where a man was later arrested. The chief called Wu "an innocent man."
The Courier published a story based on FOI documents in December 2010 that revealed the city paid out almost $9 million in the past decade to people who sued the city for a variety of incidents, including 68 claims involving police.
The city declined to break down the worth of each claim or provide detailed descriptions of the incidents, saying such details "could reasonably be expected to harm the city's financial interest."
NPA Coun. George Affleck said he continues to push for more openness at city hall and believes taxpayers should know how their money is spent.
But Affleck said he wanted to research the city's practice of withholding lawsuit information before calling for the city to release details of out-of-court settlements.
"Transparency is my preference," he said.
The city's 2011 Statement of Financial Information said there were "various legal claims pending" against the city. The city has a reserve of $23.5 million for potential claims, according to the report.
Twitter: @Howellings
