Franklin County Sheriff's Office v. Parmelee

253 P.3d 1131, 162 Wash. App. 289
CourtCourt of Appeals of Washington
DecidedJune 21, 2011
DocketNo. 27908-1-III
StatusPublished
Cited by1 cases

This text of 253 P.3d 1131 (Franklin County Sheriff's Office v. Parmelee) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Franklin County Sheriff's Office v. Parmelee, 253 P.3d 1131, 162 Wash. App. 289 (Wash. Ct. App. 2011).

Opinion

Brown, J.

¶1 We granted discretionary review to consider whether the trial court erred in not considering the identity of a Public Records Act (PRA), chapter 42.56 RCW, requester (Allan Parmelee) in a situation where an inmate requested information disclosure for employees of the Franklin County Sheriff’s Office, Franklin County Correctional Center, and Franklin County Prosecuting Attorney’s Office (collectively referred to as Franklin County). Although the court did not consider Mr. Parmelee’s identity, it nevertheless temporarily enjoined disclosure under RCW 42.56.540. We conclude under RCW 42.56.540’s grant of equitable injunctive power and the retroactive effect of RCW 42.56.565, permitting the court to consider an inmate’s identity as the PRA requester, the court should have considered Mr. Parmelee’s identity. Accordingly, we reverse the trial court’s ruling it could not consider the identity of the PRA requester. We do not disturb the trial court’s temporary injunction.

FACTS

¶2 Mr. Parmelee has submitted numerous public-records requests to Franklin County for employment and personnel records, security operations records, photos, metadata (i.e., data about data), and identification numbers. On June 20, [293]*2932008, Franklin County successfully petitioned for a permanent injunction to enjoin the release of records.

¶3 Arguing he did not have an opportunity to respond, Mr. Parmelee requested to set aside the judgment. The court agreed with Mr. Parmelee and set aside the permanent injunction. But, the court issued a preliminary injunction, enjoining the release of records until a hearing could be held on the permanent injunction; the court in part stated, “[T]he court finds it may not consider the identity of the requester and such is not relevant to the issue of whether documents may be withheld.” Clerk’s Papers (CP) at 41. Franklin County requested reconsideration, which the court denied again, finding it “inappropriate [to consider] the identity of the requester.” CP at 8. Franklin County filed a notice of appeal and/or notice for discretionary review. A commissioner of our court found this matter not appealable as a matter of right but granted discretionary review.

ANALYSIS

¶4 The issue is whether the trial court erred in finding it could not consider the identity of a public records requester. Franklin County contends while an agency is restricted from considering a PRA requester’s identity, the court in exercising its equitable injunctive powers when enforcing the PRA is not similarly restricted.

¶5 Preliminarily, Mr. Parmelee moved for additional briefing on whether RCW 42.56.565 should apply retroactively. One of our commissioners referred the motion to the hearing panel. RCW 42.56.565 concerns the inspection or copying of public records by persons serving criminal sentences. The statute sets the necessary procedure for an individual or agency to obtain an injunction. The effective date was March 20,2009. RCW 42.56.565; see Laws of 2009, ch. 10, § 1. We can address the retroactivity question without additional briefing. Therefore, Mr. Parmelee’s request for an order requiring additional briefing is denied.

[294]*294¶6 Typically, new legislation including amendments to existing law is given prospective application unless clear intent exists to apply the law retroactively. Howell v. Spokane & Inland Empire Blood Bank, 114 Wn.2d 42, 47, 785 P.2d 815 (1990). But remedial and procedural statutes are often retroactive. In re Pers. Restraint of Mota, 114 Wn.2d 465, 471, 788 P.2d 538 (1990). And, “[w]e often apply statutory amendments retroactively if the legislature acted during a controversy regarding the meaning of the law because the legislature’s timing reflects its intent to cure or clarify a statute.” West v. Thurston County, 144 Wn. App. 573, 583, 183 P.3d 346 (2008). Considering RCW 42.56.565 is a procedural statute enacted as a result of the disputes surrounding inmates’ PRA requests, we treat the statute as retroactive.

¶7 Whether in exercising its equity powers a court may consider a PRA requester’s identity in a RCW 42.56-.540 proceeding is a question of law. We review questions of law de novo. City of Redmond v. Moore, 151 Wn.2d 664, 668, 91 P.3d 875 (2004). An equity application is reviewed for an abuse of discretion. Willener v. Sweeting, 107 Wn.2d 388, 397, 730 P.2d 45 (1986).

¶8 The PRA’s purpose is to provide “full access to information concerning the conduct of government on every level ... as a fundamental and necessary precondition to the sound governance of a free society.” RCW 42.17.010(11). The PRA requires all state and local agencies to disclose any public record upon request, unless it falls within certain specific enumerated exemptions. RCW 42.56.070(1). One exception is when the request is made by a prisoner in an attempt to harass penitentiary staff. See Burt v. Dep’t of Corr., 168 Wn.2d 828, 837 n.9, 231 P.3d 191 (2010) (“We note that the legislature has enacted legislation that will greatly curtail abusive prisoner requests for public records.” (citing RCW 42.56.565)).

¶9 Under RCW 42.56.540, the court may enjoin the examination of any specific public record, if the court “finds that such examination would clearly not be in the [295]*295public interest and would substantially and irreparably 'damage any person, or would substantially and irreparably damage vital governmental functions.” Because injunctive relief is equitable, the PRA specifically allows the court to perform its equitable functions. While the court’s common law equitable powers are broad, it may not venture into areas precluded by statute. In re Marriage of Possinger, 105 Wn. App. 326, 333-36, 19 P.3d 1109

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FRANKLIN CTY. SHERIFF'S OFFICE v. Parmelee
253 P.3d 1131 (Court of Appeals of Washington, 2011)

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Bluebook (online)
253 P.3d 1131, 162 Wash. App. 289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franklin-county-sheriffs-office-v-parmelee-washctapp-2011.