Martin v. Riverside School District No. 416

329 P.3d 911, 180 Wash. App. 28
CourtCourt of Appeals of Washington
DecidedJanuary 30, 2014
DocketNo. 31178-3-III
StatusPublished
Cited by2 cases

This text of 329 P.3d 911 (Martin v. Riverside School District No. 416) 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
Martin v. Riverside School District No. 416, 329 P.3d 911, 180 Wash. App. 28 (Wash. Ct. App. 2014).

Opinion

Kulik, J.

¶1 A reporter from The Spokesman-Review submitted a public records request to Riverside School District (District) for information regarding former teacher Allen Martin, including records pertaining to Mr. Martin’s termination. Mr. Martin sought to enjoin the District from disclosing the requested records. The trial court found that the records did not fall under any of the claimed exemptions to the Public Records Act (PRA)1 and ordered release. Mr. Martin appeals. He contends that disclosure of the records would violate his right to privacy and that disclosure is barred under the employee personal information exemption and the investigative records exemption of the PRA. We disagree and, therefore, affirm the trial court’s order disclosing the records.

FACTS

¶2 Mr. Martin is a teacher who taught in the District. In the fall of 2011, the District placed Mr. Martin on administrative leave pending an investigation into allegations of misconduct. Mr. Martin and a consenting adult, who was a former student, engaged in sexual conduct in Mr. Martin’s classroom.2 As a result of the conduct, the District served Mr. Martin with a notice of probable cause for discharge, RCW 28A.405.300, and a notice of probable cause for nonrenewal, RCW 28A.405.210.

¶3 In April 2012, Jody Lawrence-Turner, a reporter for The Spokesman-Review, submitted to the District a request for public records. The PRA request asked for “any information regarding teacher/coach Allen Martin including emails containing his first or last name, or both, within the last six months, administrative leave notification or letter, documentation regarding cause for termination, available investigative information about his actions, any memos contain[32]*32ing his first or last name, or both and any termination documents.” Clerk’s Papers (CP) at 50.

¶4 The District informed Mr. Martin about the request and stated that it would disclose the requested records unless Mr. Martin sought to enjoin the disclosure. Accordingly, Mr. Martin filed a lawsuit to prevent disclosure. The Cowles Publishing Company, which owns The Spokesman-Review, joined as a defendant.

¶5 The trial court ordered disclosure of the requested records. The court found that the exceptions cited by Mr. Martin did not apply. Mr. Martin appeals the trial court’s decision. During pendency of this appeal, an arbitrator upheld the District’s decision to terminate Mr. Martin.

ANALYSIS

¶6 This court reviews decisions under the PRA de novo. RCW 42.56.550(3).

¶7 The PRA “is a strongly worded mandate for broad disclosure of public records.” Hearst Corp. v. Hoppe, 90 Wn.2d 123, 127, 580 P.2d 246 (1978). The purpose of the PRA is to provide full access to nonexempt public records. Am. Civil Liberties Union v. Blaine Sch. Dist. No. 503, 86 Wn. App. 688, 695, 937 P.2d 1176 (1997).

¶8 A party seeking to enjoin production of documents under the PRA bears the burden of proving that an exemption to the statute prohibits production in whole or part. Spokane Police Guild v. Liquor Control Bd., 112 Wn.2d 30, 35, 769 P.2d 283 (1989). The PRA exemptions “protect certain information or records from disclosure” and “are provided solely to protect relevant privacy rights . . . that sometimes outweigh the PRA’s broad policy in favor of disclosing public records ” Resident Action Council v. Seattle Hous. Auth., 177 Wn.2d 417, 432, 300 P.3d 376 (2013). However, exemptions under the PRA are to be narrowly construed to assure that the public interest will be protected. RCW 42.56.030.

[33]*33 ¶9 RCW 42.56.230(3) exempts disclosure of “[p]ersonal information in files maintained for employees ... of any public agency to the extent that disclosure would violate their right to privacy.”

¶10 RCW 42.56.240(1) exempts from public inspection and copying specific investigative records compiled by investigative agencies, the nondisclosure of which is essential to the protection of any person’s right to privacy.

¶11 Mr. Martin contends that the records are exempt from disclosure pursuant to the personal information exemption, RCW 42.56.230(3), and the investigative records exemption, RCW 42.56.240(1), in the PRA. In both of these exemptions, Mr. Martin must establish that he has a right to privacy in the records and that disclosure of the records would violate his right to privacy.

¶12 Generally, the right to privacy applies “only to the intimate details of one’s personal and private life.” Spokane Police Guild, 112 Wn.2d at 38. Under the PRA, a person’s right to privacy “is invaded or violated only if disclosure of information about the person: (1) Would be highly offensive to a reasonable person, and (2) is not of legitimate concern to the public.” RCW 42.56.050. It is not enough that the disclosure of personal information may cause embarrassment to the public official or others. RCW 42.56.550(3). Even if the disclosure of the information would be offensive to the employee, it shall be disclosed if there is a legitimate or reasonable public interest in the disclosure. Tiberino v. Spokane County, 103 Wn. App. 680, 689, 13 P.3d 1104 (2000).

¶13 “[W]hen a complaint regarding misconduct during the course of public employment is substantiated or results in some sort of discipline, an employee does not have a right to privacy in the complaint.” Bellevue John Does 1-11 v. Bellevue Sch. Dist. No. 405, 164 Wn.2d 199, 215, 189 P.3d 139 (2008). However, teachers have a right to privacy in their identities when the complaint involves unsubstantiated or false allegations because these allegations concern [34]*34matters involving the private lives of teachers and are not specific instances of misconduct during the course of employment. Id.

¶14 Mr.

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Bluebook (online)
329 P.3d 911, 180 Wash. App. 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-riverside-school-district-no-416-washctapp-2014.