
By Erica C. Barnett
King County Regional Homelessness Authority CEO Kelly Kinnison sought to exempt many of her emails from public disclosure last year, emails obtained through a Seattle records request and provided to PubliCola suggest.
In emails last October, Kinnison asked an IT staffer to change her email settings so that only he had “unfettered access” to her emails, directed the same staffer to establish “sensitivity labels” that would ensure they didn’t show up in records requests, and used “protected messages,” accessible only with a password, to communicate with board members and Seattle and King County staff.
The emails indicate that the IT manager gave Kinnison the ability to use labels like “deliberative” in Microsoft Purview in order to exempt emails from public disclosure requests, and that he was asked if it he could change internal search settings so that Kinnison’s email could not be searched at all.
“As I mentioned before, we aren’t able to restrict access in Purview so that only one email address cannot be searched,” the IT manager told the KCRHA’s HR director, Irwin Batara, in an October 2025 email that Batara forwarded to Kinnison.
“I can, however, set up Sensitivity Labels within Microsoft so that labeled emails and/or documents with a ‘deliberative’ label can be excluded from public record searches (removing the ‘deliberative’ label would subject that file to public records requests as normal). This would allow searches to continue while still remaining compliant with the Public Records Act.”
“Please do have Derke [sic] set up the sensitivity label he proposes,” Kinnison told the HR director. “That seems like a great idea. It won’t address incoming messages though.”
The state Public Records Act requires public agencies, such as the KCRHA, to make almost all records available upon request, with narrow exemptions that include information an agency provides an attorney for the purpose of securing legal assistance and drafts of legislation and internal discussions about policy development. (Such “deliberative” records automatically become public as soon as the deliberation is over.) Beyond the narrow exemptions in the PRA, all public employee emails are public records, and anyone can request any or all of them.
Simply labeling a record “deliberative,” “personnel-related,” or “attorney-client privileged” does not exempt it from public disclosure.
Kinnison’s emails suggest that she attempted to obtain—and may have received—internal exemptions that go far beyond what is allowed under state law. If so, this calls into question the KCRHA’s compliance with the PRA for records requests filed at KCRHA after last October, including several filed by PubliCola.
The KCRHA did not substantively respond to most of the two dozen questions PubliCola sent earlier this week. A spokesperson did say, however, that the agency “complies with the Public Records Act when processing and responding to records requests. We support the public’s right to access records and transparency, while also applying any exemptions required or permitted under the law. We do not automatically or otherwise limit disclosure of responsive records.”
PubliCola is supported entirely by readers like you.
CLICK BELOW to become a one-time or monthly contributor.
On October 16, Kinnison sent an urgent email to the personnel committee of the KCRHA’s governing board, along with a KCRHA attorney, Batara, and IT manager Derek Montes titled “Possible System Breach.” In it, she suggested that the agency’s public disclosure officer went beyond the bounds of the public disclosure act when reviewing an anonymous public records request (PRR) for emails about layoffs that were then forthcoming.
In processing the request, Kinnison wrote, the public disclosure officer—who was not included on any of the emails we reviewed— “pulled a very large export file of my emails.” (Emphasis in original). The search also “included key words that were not part of the PRR, such as ‘budget cuts’ and ‘leadership structures.'”
For these reasons, Kinnison wrote, “I have concerns that the PRR search request was used to explore my email beyond the public request and to download my emails, and also that the public request was limited to my inbox.” Public records requesters are not required to provide keywords and public disclosure officers are supposed to fulfill requests as liberally as possible, using their expertise and training to determine how to respond to each request.
√
The emails PubliCola reviewed provided no evidence that the public disclosure officer downloaded emails unrelated to the records request in order to “explore” them. The KCRHA spokesperson declined to explain further, calling the exchange a “personnel matter” that “does not have an impact on the specifics of PRA responses which are fully compliant with the statute.”
In the same email, Kinnison referred to a “directive” from the KCRHA governing board’s personnel committee “to limit unfettered access to my email to Taj Wallace (Chief of Staff to the CEO) and Derek Montes (IT Manager),” a decision that appears to have locked the KCRHA’s public disclosure officer out of the CEO’s email account. The KCRHA did not respond to questions about the to limit access to Kinnison’s emails, but denied that the public disclosure officer has been completely cut out of the public records response process.
In the same thread later that evening, Kinnison wrote, “I have taken the step of securing our data by limiting system access to the IT Manager. We will continue to gather information on what may have occurred.”
If an IT manager or Kinnison’s chief of staff was (or is) in charge of doing initial searches to determine which emails are subject to, or exempt from, disclosure, it would raise questions about how records were excluded and why. Any restriction that limits a public disclosure officer’s access to a public agency’s emails would raise similar questions. IT managers may have the technical ability to search through emails using keywords, but they do not have the specialized expertise of public disclosure officers, who must be certified (and routinely recertified) to serve in that position.
The Washington Association of Public Records Officers includes a guide on its website for conducting a thorough public records search.
In a followup email to Batara on October 22, Montes responded to several questions, which appear to have originated with Kinnison, about the records search that initiated the seeming scramble to restrict access to Kinnison’s emails.
The IT manager, apparently serving as a go-between for the KCRHA’s public disclosure officer, confirmed that the Public Records Act requires public disclosure officers to interpret requests liberally, rather than limiting themselves to specific staffers or keywords provided by a requester. He also said the public disclosure officer’s search returned such a large number of emails because she had to come up with search terms that might produce emails about layoffs. “Once records were reviewed, they were deleted from her computer,” Montes wrote.
The emails PubliCola reviewed also included a “protected message” from Kinnison to personnel committee members on October 23 titled “PREDECISIONAL DRAFT RE: Budget and Organizational recommendations.” If this “protected” email was deliberative, it would likely no longer be so, since KCRHA adopted its 2026 budget in February. The KCRHA spokesperson did not respond to questions about why Kinnison used password protection or how widespread the practice has been at the agency, saying only that the KCRHA did not believe such emails are exempt from disclosure.
A final email from Kinnison, about the resignation of staffer Xochitl Maykovich last August, was labeled “CONFIDENTIAL-ATTORNEY CLIENT COMMUNICATION.” The August 25 email is directed at the governing board and a handful of staffers. It includes Maykovich’s resignation email and Kinnison’s description of the email, which warns that Maykovich “has gone on the record with journalist Erica Barnett and we are expecting a story to be published today.” (And so it was.) The email does not request or contain legal advice or assistance—the standard for attorney-client privilege—but it is cc’d to two attorneys. Maykovich has not taken any legal action related to her resignation, though she did sue the agency in June—for alleged violations of the Public Disclosure Act.








