McKee v. WASHINGTON STATE DEPARTMENT OF CORRECTIONS

248 P.3d 115
CourtCourt of Appeals of Washington
DecidedMarch 8, 2011
Docket39713-7-II
StatusPublished
Cited by1 cases

This text of 248 P.3d 115 (McKee v. WASHINGTON STATE DEPARTMENT OF CORRECTIONS) 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
McKee v. WASHINGTON STATE DEPARTMENT OF CORRECTIONS, 248 P.3d 115 (Wash. Ct. App. 2011).

Opinion

248 P.3d 115 (2011)

Jeffrey R. McKEE, Appellant.
v.
WASHINGTON STATE DEPARTMENT OF CORRECTIONS, Respondent.

No. 39713-7-II.

Court of Appeals of Washington, Division 2.

March 8, 2011.

*116 Jeffrey R. McKee (Appearing Pro Se), Connel, WA, for Appellant.

Jean Elizabeth Meyn, Attorney General's Office Olympia, WA, for Respondent.

VAN DEREN, J.

¶ 1 Jeffrey R. McKee sued the Washington State Department of Corrections (DOC) for allegedly failing to produce three October 9, 2006, public record requests under the Public Records Act (PRA), chapter 42.56 RCW. McKee moved to disqualify the Washington State Attorney General's office from representing DOC and both parties moved for summary judgment. The trial court denied McKee's motions and, without determining whether DOC violated the PRA, granted summary judgment for DOC based on RCW 42.56.550(6)'s one year statute of limitations. We affirm the trial court's ruling that the Attorney General is properly bonded and may represent DOC but, because disputed material issues of fact preclude summary judgment on the trial court's statute of limitations ruling, we reverse summary judgment in favor of DOC and remand to the trial court to make factual findings regarding DOC's response to McKee's October 9 requests, to determine whether DOC denied him access to those records, and to further determine whether RCW 42.56.550(6) applies.

FACTS

¶ 2 McKee has been a prisoner in DOC's custody since July 2005. In July 2006, under a contract with Corrections Corporation of America (CCA), DOC transferred McKee to Florence Correctional Center (Florence CC) in Arizona, one of CCA's private facilities. McKee filed numerous grievances against Florence CC staff members and subsequently made three public records requests[1] to DOC by letters dated October 9, 2006, asking for all records that the Florence CC staff considered in resolving three of his grievances. On October 18, DOC informed McKee that it did not have the requested records and instructed McKee to direct his request to Florence CC. The contract between DOC and CCA required CCA to maintain its records in accordance with DOC policies and to comply with Washington's Public Disclosure Act, chapter 42.17 RCW, (now called the PRA).

¶ 3 On January 25, 2007, DOC sent another letter to McKee, informing him that Florence CC did not have any specific staff dedicated to public disclosure requests and offering to act as McKee's liaison to help him obtain the requested records. On March 2, DOC notified McKee that there were 291 pages available in response to his numerous records requests, including the three October 9, 2006, requests. DOC informed McKee that the records would cost $0.20 per page, plus $4.05 postage, for a total of $62.25. McKee's March 7 response indicated that he no longer needed all of the records originally requested and specifically identified the records he still wanted. His response did not indicate that he still wanted the records associated with his October 9, 2006, requests. McKee asked DOC to adjust the cost of his request accordingly. On March 28, DOC informed McKee that his requested records now consisted of 51 pages and the cost would be $12.27, plus an additional charge for one cassette tape. The DOC also stated that upon receipt of McKee's payment, it would send him the requested records.

¶ 4 On March 30, McKee requested that DOC waive payment for the remainder of the documents disclosed in DOC's March 2 letter because DOC had taken so long to make them available. In the alternative, McKee asked DOC to identify the number of documents and the cost associated with each request responded to in DOC's March 2 letter.

¶ 5 On April 3, DOC replied that McKee had two outstanding requests, costing $10.45 and $12.27 respectively. DOC relied on *117 McKee's March 7 statement that he wanted only some of the records, not including those in his October 9 requests and, thus, DOC did not include the cost of the October 9, 2006, requests.

¶ 6 On March 4, 2008, McKee filed[2] three lawsuits against DOC, complaining that DOC violated the PRA by not producing the records in response to each of his three October 9, 2006, requests. The trial court consolidated the three complaints. McKee subsequently paid DOC for copies associated with various record requests, including those he submitted on October 9. On September 9, 2008, DOC informed McKee (1) that records made available in its March 2, 2007, letter actually contained 284 pages, not 291 pages, and two pages of those records were exempt from disclosure; (2) that a refund of $2.20 would be issued to him; and (3) of the number of pages associated with each of his individual requests. DOC stated on appeal that the documents it claimed as exempt were not part of the three October 9 requests, but the record does not contain information allowing us to review this statement. McKee does not assert that the identified exempt records were related to the October 9 requests.

¶ 7 On December 31, McKee unsuccessfully moved to disqualify the Attorney General's office from representing DOC, claiming that the Attorney General was improperly bonded under former RCW 43.10.010 (1973).[3] Both parties then moved for summary judgment. On June 19, 2009, the trial court granted summary judgment for DOC, finding that McKee's complaints were not filed within RCW 42.56.550(6)'s one year statute of limitations. The trial court did not reach the issue of whether DOC denied access or claimed an exemption related to the October 9, 2006, requests nor did it specify how it determined RCW 42.56.550(6)'s statute of limitations applied. McKee appeals.

ANALYSIS

I. ATTORNEY GENERAL'S REPRESENTATION OF DOC

¶ 8 McKee argues that the trial court erred in denying his motion to disqualify the Attorney General's office from representing DOC. He contends that, because the Attorney General has not complied with bonding requirements, all of his actions as Attorney General are invalid. DOC responds that this issue is not properly before us because the order denying McKee's motion to disqualify the Attorney General is not appealable as a matter of right and McKee has not shown that discretionary review is appropriate.

¶ 9 Under RAP 2.4(a), an "appellate court will, at the instance of the appellant, review the decision or parts of the decision designated in the notice of appeal." In his notice of appeal, McKee designated the trial court's order denying his motion to disqualify the Attorney General. Thus, we may properly review the trial court's decision relating to the Attorney General's compliance with bonding requirements as it was part of the proceedings at the trial court.[4]

A. Standard of Review

¶ 10 "`Construction of a statute is a question of law which we review de novo under the error of law standard.'" Judd v. Am. Tel. & Tel. Co., 152 Wash.2d 195, 202, 95 P.3d 337 (2004) (quoting Waste Mgmt. of Seattle, Inc. v. Utils. & Transp. Comm'n,

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Cite This Page — Counsel Stack

Bluebook (online)
248 P.3d 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mckee-v-washington-state-department-of-corrections-washctapp-2011.