FINAL BILL REPORT

SSB 5143

PARTIAL VETO

                                  C 404 L 87

BYSenate Committee on Judiciary (originally sponsored by Senators Talmadge, Newhouse and Kreidler)

Exempting the contents of public employment applications and the addresses and phone numbers of natural persons from public disclosure.

Senate Committee on Judiciary

House Committe on Constitution, Elections & Ethics

SYNOPSIS AS ENACTED

BACKGROUND:

Washington's public disclosure laws require that public records be open for public inspection.  Agencies are required to make their copying facilities available to the public to the extent that agency operations are not unreasonably disrupted.  Certain types of records are exempt from public inspection and copying.  These exemptions do not apply if the protected information can be deleted from the specific records sought, or if the superior court finds, after a hearing, that the exemption is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.

There is currently uncertainty as to the extent of an individual's right of privacy with respect to the disclosure of public records.  A recent Supreme Court decision, In Re Rosier, 105 Wn.2d 606 (1986), held that there is no privacy interest in the disclosure of names and addresses unless the context of the disclosure reveals information of a personal or unique nature.  Subsequently, a lower court decision, citing Rosier, allowed for the release of the requested addresses of library employees and applicants.  The primary concern is that such disclosure may, in certain circumstances, jeopardize the safety of public employees, particularly in those situations involving domestic violence or harassment.

SUMMARY:

All applications, resumes, and other related materials submitted for public employment, other than executive positions, are exempt from public inspection and copying.

Applications and resumes of persons who apply for executive positions are available for public inspection and copying unless the agency:  (1) adopts a policy requiring the preparation of a list of applicants who submit information in addition to that requested in the original application; and (2) makes that list, together with applications and resumes, available for public inspection when selected and at least five days before it makes its final selection.

"Executive position" means any position which primarily consists of the management of the public agency by which the person is employed or of a customarily recognized department.

The following are also exempt from public inspection and copying:  (1) the residence addresses and telephone numbers of employees or volunteers of a public agency held in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers; and (2)  the residence addresses and telephone numbers of utility customers contained in records of the public utilities.

A positive duty to disclose or a positive duty to withhold information that is contained in any other law is not affected by these provisions.

VOTES ON FINAL PASSAGE:

      Senate    46     0

      House 95   0 (House amended)

      Senate    45     0 (Senate concurred)

EFFECTIVE:July 26, 1987

Partial Veto Summary:  The provisions that make applications and resumes of persons who apply for executive positions available for public inspection and copying are deleted.  (See VETO MESSAGE)