Marion County is asking a local judge to dismiss Salem Reporter’s lawsuit against Commissioner Danielle Bethell. The suit, filed by the news organization last month, accuses Bethell of ignoring a public records request for months, in violation of state law requiring government officials to addr ess such requests, according to the lawsuit. The lawsuit names Bethell and Marion County. On July 24, Marion County filed a motion to dismiss the suit in Marion County Circuit Court, calling the lawsuit “pointless.” Last week’s filing is the first public response to the suit by any county representative or official since it was filed on June 24. Salem Reporter’s lawsuit stems from requests Les Zaitz, editor and founder, sent to Bethell for texts, emails and memos relating to a state ethics investigation. The Oregon Government Ethics Commission is reviewing whether Bethell violated ethics law by attempting to use her public position to get her daughter out of a traffic citation. Salem Reporter sues Bethell, Marion County to obtain public records Although Bethell never responded to Zaitz’s requests for her communications, Steve Elzinga, Marion County’s legal counsel, responded, acknowledging the “requests to Marion County” and providing one record, a copy of Elzinga’s email shows. In the county’s response to the lawsuit, Cody Hawkins, a county lawyer, describes Zaitz’s requests to Bethell and other county officials as a “crusade,” and claims the news organization has no legal standing in accusing Bethell of failing to provide a response. Hawkins describes the claims in Salem Reporter’s lawsuit as unreasonable, and that the judge should “hold (Salem Reporter) accountable” for pursuing a case without a legal basis. SIGN UP: “I love and respect what Salem Reporter does for our community.” Salem Reporter covers the people, issues, and stories shaping our city. Stay connected to Salem. Subscribe today. Hawkins was unavailable when Salem Reporter called the county’s legal office for comment for this story. Elzinga, Marion County’s legal counsel, and Jon Heynen, spokesman for the Marion County Board of Commissioners, each did not respond to calls requesting comment. “Salem Reporter is doing what a free press in the United States is supposed to do – hold public officials accountable for their actions,” Zaitz said in a statement. “Our pursuit of Commissioner Danielle Bethell’s records is neither frivolous nor just an exercise. We seek only the truth and our readers expect Salem Reporter will take steps necessary to find it.” The news organization and Zaitz are represented by Portland lawyer Steven Wilker in the suit. Salem Reporter’s initial filing argues that Bethell, as a public official, is responsible individually to respond to the public records request and that Elzinga’s response to it does not adequately comply with state law.  All public officials are subject to Oregon’s public records law and responsible for addressing requests they receive, according to a 2022 ruling by the Oregon Court of Appeals. READ IT: Salem Reporter lawsuit The suit asks a judge to order Bethell and the county to search for and provide any additional records.  In its motion, Marion County argues that Salem Reporter is “mistaken” that Bethell is required to respond to records requests herself.  Elzinga’s response to the request “obviously included Commissioner Bethell,” Elzinga wrote in an email to Wilker after the suit was filed. He included a copy of the email in a declaration filed in support of Marion County’s motion to dismiss the suit. The county also argues in its filing that Zaitz already received records responsive to his request, and a judge doesn’t need to reinforce his previous request. Hawkins argued that “taxpayer dollars have already been wasted,” yet did not provide an amount for how much the lawsuit has cost the government body so far. The filing also requests Salem Reporter dismiss the lawsuit by July 31, or county lawyers will seek reimbursement for fees and costs that stemmed from the action. PREVIOUS COVERAGE:  Salem Reporter sues Bethell, Marion County to obtain public records Contact reporter Madeleine Moore: [email protected]. The post Marion County asks judge to dismiss Salem Reporter’s lawsuit appeared first on Salem Reporter. ...read more read less