[U] Berg v. State

A violation of the Public Disclosure Act is not committed in bad faith if it results from negligence or reliance on a colorable, but ultimately invalid, justification for nondisclosure. In this appeal from a judgment awarding penalties for violations of the Act, John Berg contends the superior court erred in concluding that the Department of Corrections did not act in bad faith when it violated the Act. He also contends the court erred in denying his request for additional attorneys fees and costs.