BILL REQ. #:  H-4043.1 

Read first time 02/01/12.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to disclosure of public records compiled by an employing agency conducting an investigation of possible misconduct; and reenacting and amending RCW 42.56.250.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 42.56.250 and 2010 c 257 s 1 and 2010 c 128 s 9 are each reenacted and amended to read as follows:
     The following employment and licensing information is exempt from public inspection and copying under this chapter:
     (1) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination;
     (2) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant;
     (3) The residential addresses, residential telephone numbers, personal wireless telephone numbers, personal electronic mail addresses, social security numbers, and emergency contact information of employees or volunteers of a public agency, and the names, dates of birth, residential addresses, residential telephone numbers, personal wireless telephone numbers, personal electronic mail addresses, social security numbers, and emergency contact information of dependents of employees or volunteers of a public agency that are held by any public agency in personnel records, public employment related records, or volunteer rosters, or are included in any mailing list of employees or volunteers of any public agency. For purposes of this subsection, "employees" includes independent provider home care workers as defined in RCW 74.39A.240;
     (4) Information that identifies a person who, while an agency employee: (a) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (b) requests his or her identity or any identifying information not be disclosed;
     (5) Investigative records compiled by an employing agency conducting an active and ongoing investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment;
     (6) Information in specific investigative records compiled by or on behalf of an employing agency conducting an investigation of possible misconduct where such investigation has resulted in a nonsustained type finding and such records have been transferred to the legal representative of the agency for retention for use in a controversy to which the agency may become a party. A finding is not deemed to be sustained until the completion of all available appeals.
     (7) Criminal history records checks for board staff finalist candidates conducted pursuant to RCW 43.33A.025;
     (((7))) (8) Except as provided in RCW 47.64.220, salary and benefit information for maritime employees collected from private employers under RCW 47.64.220(1) and described in RCW 47.64.220(2); and
     (((8))) (9) Photographs and month and year of birth in the personnel files of employees and workers of criminal justice agencies as defined in RCW 10.97.030. The news media, as defined in RCW 5.68.010(5), shall have access to the photographs and full date of birth. For the purposes of this subsection, news media does not include any person or organization of persons in the custody of a criminal justice agency as defined in RCW 10.97.030.