HOUSE 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.

House Committe on Constitution, Elections & Ethics

Majority Report:  Do pass with amendments.  (6)

      Signed by Representatives Fisher, Chair; Pruitt, Vice Chair; Amondson, Barnes, Fisch and Leonard.

House Staff:Kenneth Hirst (786-7105)

AS PASSED HOUSE APRIL 13, 1987

BACKGROUND:

The state's public records law governing access to the records of public agencies is contained in the public disclosure statutes.  Included among those statutes are provisions requiring agencies to make public records available for public inspection and copying as well as provisions exempting certain information and records from this requirement.

SUMMARY:

The following are exempted from the provisions of law permitting public inspection and copying of the records of public agencies:  (1) the residential addresses and telephone numbers of employees and volunteers of a public agency as held by the agency in personnel records, rosters, and mailing lists; (2) the residential addresses and telephone numbers of customers of a public utility contained in records or lists held by the public utility of which they are customers; and (3) the names of applicants other than those for executive positions and the applications and related matter submitted with the applications.

Applications and resumes of persons who apply for an executive position with an agency are available for public inspection and copying unless the agency has adopted a policy requiring the preparation and disclosure of a list of all applicants who have submitted information in addition to that requested in the original application.  In such a case, the agency must make the list and the applications and resumes of the people on the list available for public inspection at least five days before the agency makes its final selection.

An executive position is a position for which the primary duties consist of agency management or management of a customarily recognized department.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Leslie James and Dennis Barge, Department of Social & Health Services; Peter King, Association of Washington Cities; Dave Rogers, Washington PUD Association; Ted Natt, Allied Daily Newspapers.

House Committee - Testified Against:      Steven Olswang, University of Washington.

House Committee - Testimony For:    (1) The bill will make application records more available.  (2) The Longview City Council refused to release information regarding the other applicants for the city manager position until nearly one month after announcing the council's final selection for the position.

House Committee - Testimony Against:      If affirmative action information is needed from an applicant, the applicant is contacted.  This contact could constitute and interview under the bill and therefore, would make application information for all positions at the University of Washington subject to public inspection.  Such a situation will affect the content of peer evaluations and the ability of some persons to apply for positions.