SENATE BILL REPORT

SB 5143

BYSenators 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)

                  February 27, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, FEBRUARY 25, 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 for public employment positions and other materials submitted with an application for public employment are exempt from public inspection and copying under Washington's public disclosure laws.  In addition, the addresses and telephone numbers of individuals are exempt from public inspection and copying.

EFFECT OF PROPOSED SUBSTITUTE:

Names of applicants for public employment positions and other materials submitted with an application for public employment are exempt from public inspection and copying, except that the names of finalists for an executive position are made available for public inspection and copying.  The list of finalists cannot contain less than three names.

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