SENATE BILL REPORT

ESSB 5143

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

Senate Hearing Date(s):January 26, 1987; February 25, 1987

Majority Report:  That Substitute Senate Bill No. 5143 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Talmadge, Chairman; Bottiger, McCaslin, Nelson, Newhouse.

Minority Report:  Do not pass.

      Signed by Senator Halsan, Vice Chairman.

Senate Staff:Jon Carlson (786-7459)

                  April 14, 1987

AS PASSED SENATE, MARCH 5, 1987

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:

Names of applicants other than those interviewed for public employment positions and the applications, resumes and other materials submitted with an application for public employment are exempt from public inspection and copying.

The following are also exempt from public inspection and copying:  1) the residence addresses and telephone numbers of public employees held by their agencies in personnel records; 2) the residence addresses and telephone numbers of persons who volunteer service to public agencies contained in the agency records; and 3) the residence addresses and telephone numbers of utility customers contained in records of the public utilities.

The amendatory language does not affect a positive duty to disclose or a positive duty to withhold information that is contained in any other law.

Fiscal Note:      none requested

Senate Committee - Testified: Mark Brown, Washington Federation of State Employees; Lonnie Johns-Brown, Washington State Shelter Network and NOW; Mark Allen, Washington State Association of Broadcasters; Eugene St. John, Washington Public Employees Association; Sam Kinville, County and City Employees; Mike Hoge, attorney, Seattle Public Schools; Charlie Marsh, Washington State Council of Police Officers

HOUSE AMENDMENT:

All applications, resumes, and other related materials submitted for public employment positions, 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:  (1) the agency adopts a policy requiring the agency to prepare a list of applicants who submit information in addition to that requested by the public agency in the original application; and (2) the agency 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.