SEATTLE - Once again, the City of Seattle is refusing to release a video that recorded the arrest of a current city councilmember. In one month, the City of Seattle has given KING5 News no less than four different explanations why it will not release the video. The reasons range from privacy concerns to the video was nowhere to be found.

Last October, Seattle City Council member Richard McIver was arrested at his home for allegedly assaulting his wife during a domestic violence incident. A police officer recorded a video of councilman McIver’s trip from his home to the jail. KING5 News requested a copy of the video soon after the arrest but the city denied the request saying the case was ongoing.

In January, King County prosecutors dropped the domestic violence case against McIver largely because his wife refused to testify. On June 16th, acting on a tip the arrest video had been erased from the Seattle Police internal video server, KING 5 once again submitted a public disclosure request for the recording.

Here’s a timeline of all the answers KING5 News received from the city:

•June 27th – Police Chief Gil Kerlikowske sent KING 5 a letter saying his department had searched its records and could not find the video. This seemed odd since the department’s own policies state that a video that has been archived (any video in a case that is subject to prosecution must be archived) remains in the video system for three years.

•July 7th – One hour before KING 5 was set to do a story on the missing video, Seattle Police said a copy of the video had been found. It turns out a detective on the case had saved a DVD copy. However, the legal adviser to the police chief said the city would not release the video because it would violate the privacy rights of McIver as spelled out in RCW 9.73.060

•July 8th – The city attorney’s office sent KING 5 a letter saying the city will now release the video. However, before the release, the city will first notify council member McIver and offer him 10 business days to decide if he wants to seek a court injunction to prevent the release. The city cited RCW 42.56.540 which deals with public records of public officials. The statute says an agency has the option of notifying persons named in the record…that release of a record has been requested.

•July 15th – The city attorney’s office sent KING 5 a new letter saying it had done more research and has decided once again not to release the video. This time the city says the video is “nonconviction data” and cites the Criminal Records Privacy Act (RCW 10.97.030(2) which “specifically prohibits the retention or mechanical reproduction of the video by any person other than the person who is the subject of the data.”

The latest response raises the following question: If the law specifically “prohibits the retention” of the video, why does the police department still have a copy of it?

KING5 News intends to pursue the answer and will report any new developments.

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