Lindeman v. Kelso School Dist. No. 458

172 P.3d 329
CourtWashington Supreme Court
DecidedNovember 15, 2007
Docket77253-3
StatusPublished
Cited by19 cases

This text of 172 P.3d 329 (Lindeman v. Kelso School Dist. No. 458) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lindeman v. Kelso School Dist. No. 458, 172 P.3d 329 (Wash. 2007).

Opinion

172 P.3d 329 (2007)

Richard LINDEMAN and Ginger Lindeman, husband and wife, Petitioners,
v.
KELSO SCHOOL DISTRICT NO. 458, Respondent.

No. 77253-3.

Supreme Court of Washington, En Banc.

November 15, 2007.

James Kieran Morgan, Longview, WA, for Petitioners.

*330 Clifford Donald Foster Jr., Lisa M. Worthington-Brown, Dionne & Rorick, Seattle, WA, for Respondent.

Michele Lynn Earl-Hubbard, Allied Law Group, LLC, Seattle, WA, Amicus Curiae on behalf of Allied Daily Newspapers of Washington, Washington State Association of Broadcasters, Washington Coalition for Open Government.

Douglas B. Klunder, Seattle, WA, Amicus Curiae on behalf of American Civil Liberties Union of Wash.

OWENS, J.

¶ 1 A surveillance videotape installed on a public school bus recorded an altercation between two students. When parents Richard and Ginger Lindeman (Lindemans) sought access to the videotape through a public disclosure request, Kelso School District No. 458 (District) denied the request on the basis that the videotape was exempt under former RCW 42.17.310(1)(a) (2003)[1] (hereinafter "student file exemption"). The trial court agreed that the videotape was exempt under the student file exemption and the Court of Appeals affirmed. We reverse the Court of Appeals and hold that the District must disclose the videotape.

FACTS

¶ 2 On October 8, 2003, a surveillance video camera installed on a public school bus recorded an altercation between two elementary school students. On the same day, the District allowed the Lindemans, parents of one of the students, to view the videotape of the altercation. Thereafter, the Lindemans sent a letter to the District requesting a copy of the videotape. The District denied the request on the basis that the videotape was exempt from public disclosure. The Lindemans sent a formal request seeking disclosure of the videotape under the former public disclosure act (PDA), chapter 42.17 RCW, recodified as chapter 42.56 RCW (Laws of 2005, ch. 274). The District again denied the request.

¶ 3 The Lindemans subsequently filed an action in Cowlitz County Superior Court, alleging the District violated the PDA by failing to disclose the videotape. The Lindemans sought an order requiring the District to disclose the videotape and an award of attorney fees, costs, and penalties under the PDA. After holding a show cause hearing, the trial court held that the videotape was exempt from disclosure under the PDA. The trial court reached this conclusion after finding that "[t]he school bus surveillance video tape contains information that would allow a viewer to identify a student" and "[t]he tape was maintained by the district for potential discipline." Clerk's Papers at 91. Accordingly, the court dismissed the Lindemans' claim and awarded costs to the District. The Court of Appeals affirmed. Lindeman v. Kelso Sch. Dist. No. 458, 127 Wash.App. 526, 111 P.3d 1235 (2005). We granted review. Lindeman v. Kelso Sch. Dist. No. 458, 156 Wash.2d 1006, 132 P.3d 146 (2006).

ISSUE

¶ 4 Did the District satisfy its burden of establishing that former RCW 42.17.310(1)(a) exempts the surveillance videotape from public disclosure?

ANALYSIS

A. Standard of Review

¶ 5 In reviewing a PDA request, we stand in the same position as the trial court. Progressive Animal Welfare Soc'y v. Univ. of Wash., 125 Wash.2d 243, 252, 884 P.2d 592 (1994). Judicial review of the agency's decision to withhold the records is de novo. Former RCW 42.17.340(3) (1992).[2]

B. The Student File Exemption

¶ 6 The PDA requires state and local agencies to disclose all public records upon request, unless the record falls within a specific exemption. Former RCW 42.17.260(1) *331 (1997).[3] An agency withholding public records bears the burden of proving the applicability of a statutory exemption. Former RCW 42.17.340(1). In determining whether the PDA requires disclosure, we must liberally construe its public records provisions and narrowly construe its exemptions. Former RCW 42.17.251 (1992).[4]

¶ 7 The parties do not dispute that the videotape is a "public record" and the District is an "agency" within the meaning of the PDA. Thus, the District must disclose the videotape unless a statutory exemption applies. The District refused the Lindemans' disclosure request under the student file exemption, which exempts from disclosure "[p]ersonal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients." Former RCW 42.17.310(1)(a).

¶ 8 We fulfill the PDA's directive to construe the exemption narrowly by giving full effect to the words in the statute. Therefore, we must examine the meaning of "personal information" and "in any files maintained for students." "`This court has the ultimate authority to determine the meaning and purpose of a statute.'" State v. Sullivan, 143 Wash.2d 162, 174, 19 P.3d 1012 (2001) (internal quotation marks omitted) (quoting State v. Alvarez, 128 Wash.2d 1, 11, 904 P.2d 754 (1995)). In the absence of a statutory definition, we may ascertain the plain and ordinary meaning of unambiguous statutory terms by resort to a dictionary. Id. at 175, 19 P.3d 1012.

¶ 9 The PDA does not define "personal information." The dictionary provides several definitions of "personal," including the following: "of or relating to a particular person," "affecting one individual or each of many individuals," "peculiar or proper to private concerns," and "not public or general." Webster's Third New International Dictionary 1686 (2002). Mindful that the PDA requires exemptions to disclosure be construed narrowly, information peculiar or proper to private concerns constitutes personal information for purposes of the student file exemption, as are employee evaluations. Dawson v. Daly, 120 Wash.2d 782, 797, 845 P.2d 995 (1993).

¶ 10 Moreover, we disagree with the Court of Appeals' conclusion that personal information is not modified "in any manner, suggesting that any and all personal information from agencies and institutions that fall under this subsection is exempt from public disclosure." Lindeman,

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Bluebook (online)
172 P.3d 329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lindeman-v-kelso-school-dist-no-458-wash-2007.