Portland taxpayers will foot a $26,000 bill for a Southeast Portland man's attorney fees after the man took Mayor Ted Wheeler to court over public records and won.

The Portland City Council approved the payment Wednesday by a vote of 4-0, with Wheeler absent while on vacation.

Commissioners' vote capped a months-long dispute between Wheeler, the city's top official, and Tyler Bechtel, who went to court over his belief that the mayor improperly censored public documents.

Bechtel's attorney, Jeff Merrick, wrote in a statement posted to his website that the city "got off lucky," adding, "Public bodies need to be transparent to build public trust. They need to follow the law to avoid paying attorney fees."

The legal dispute began after Bechtel filed a public records request last December for documents outlining city and county officials' deliberations on locations of possible homeless shelters. Bechtel, an East Portland resident, has vocally opposed the siting of a shelter near his home in the Foster-Powell neighborhood.

City legal staff told Bechtel it would give him documents with portions blacked out because of legal exemptions. Bechtel disagreed with the city's reasoning and sought to appeal to the Multnomah County District Attorney, who is the arbiter over public records disputes with county municipalities.

But the city blocked the appeal by invoking an Oregon law that allows elected officials to quash records appeals to district attorneys. If invoked, that law requires a public records requester to file a lawsuit to challenge an elected official's attempt to censor public information.

So Bechtel did.

The judge in the case, Ben Souede, ruled that the city's reasons for keeping the records secret largely were bunk and ordered unredacted documents released. The judge went further, writing that the public has a "very strong" interest in access to information about city and county leaders' thinking on homeless shelters.

Though he ordered records released, Souede allowed the city to withhold a real estate market analysis which he said would disadvantage the city during negotiations of property acquisitions if disclosed.

Tracy Reeve, the city attorney, did not respond to a request for information about the cost incurred by the city to refute Bechtel's lawsuit. The mayor's office did not immediately respond to a request for comment.

By state law, the city is liable for paying Bechtel's attorney fees because he prevailed, at least in part. City officials contend in a document describing the settlement's financial impact that by settling for $25,965, the city avoids the likelihood of paying a larger sum if the payment is decided by a judge.

-- Gordon R. Friedman

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