Yonko granted temporary injunction to block release of investigation documents

MOSES LAKE — Moses Lake High School Assistant Principal James Yonko was granted a temporary restraining order that prohibits Grant County and the Moses Lake School District from releasing documents pertaining to the investigation into his conduct. He was placed on paid administrative leave April 24 after a complaint was made against him by a student.

The complaint against Yonko was initially filed with the Grant County Sheriff’s Office in April. Moses Lake School District Superintendent Michelle Price previously told the Columbia Basin Herald the sheriff’s office has an ongoing investigation into the complaint and the school district has also launched an internal investigation. On Thursday Price told the Herald there is currently no timetable for when the district’s investigation will be finished and the investigation is still ongoing.

After learning of the complaint and investigation, the Herald filed a public records request to obtain a copy of the complaint that was filed with the sheriff’s office. In response, Grant County’s Public Records Division stated that, in accordance with state law, the office was going to exercise an option to provide third-party notice of the request to Yonko to give him ample time to file a motion in Grant County Superior Court to block public examination of the documents related to the complaint and investigation.

Yonko was given until June 2 to submit a motion to superior court, which he did and was ultimately granted. The injunction grants Yonko a temporary restraining order against Grant County and the Moses Lake School District. Citing the Revised Code of Washington, the injunction states the records that were to be released by the county on June 2 are “believed” to contain details that are exempt from the Public Records Act, under the investigative record exemption listed in RCW 42.56.240 pertaining to law enforcement and crime victims.

The RCW in question allows the superior court in which the records are filed to block their release to the public if, upon a motion made from the person named in the records, the court rules, "that such examination would clearly not be in the public interest and would substantially and irreparably damage any person, or would substantially and irreparably damage vital government functions."

The injunction further states that the documents that were set to be released by the MLSD are “believed” to contain information that are again exempt from the Public Records Act, under the personal information exemption in RCW 42.56.230.

The section in question states that, “personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy,” are exempt from public inspection.

The filed motion states that Yonko has a privacy interest in preventing the disclosure of “unsubstantiated allegations.”

“That insofar as these records held by both entities pertain to ongoing investigations, regarding uncorroborated and unsubstantiated allegations involving an April 2016 incident, the release of this information would cause immediate and irreparable harm to Mr. Yonko,” reads the document filed in superior court.

Yonko’s attorney, Bryce McPartland, told the Herald he could not comment on the specifics of the complaint made against his client or the investigation itself. He did state that at a June 17 show cause hearing the court will be determining what documents can be released.

“The temporary injunction prevents the release of some documents, pending an evaluation by the court about what documents must be released,” McPartland stated. “The public records act authorizes the release of many public records, but also contains within it certain, specific, limited exemptions. We are simply asking that the court and the relevant agencies take the time to investigate what exemptions, if any, apply. The June 17 hearing is intended to determine what documents may be released, probably after review by the court.”

Moses Lake School Board President Kevin Donovan chose not to comment on the investigation, because the matter is a personnel issue and the investigation is ongoing.