Spokane Research & Defense Fund v. City of Spokane

994 P.2d 267, 99 Wash. App. 452, 17 I.E.R. Cas. (BNA) 936, 2000 Wash. App. LEXIS 325
CourtCourt of Appeals of Washington
DecidedFebruary 24, 2000
DocketNo. 18534-6-III
StatusPublished
Cited by5 cases

This text of 994 P.2d 267 (Spokane Research & Defense Fund v. City of Spokane) 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
Spokane Research & Defense Fund v. City of Spokane, 994 P.2d 267, 99 Wash. App. 452, 17 I.E.R. Cas. (BNA) 936, 2000 Wash. App. LEXIS 325 (Wash. Ct. App. 2000).

Opinions

Kurtz, C. J.

The City of Spokane appeals the decision of the superior court that the performance evaluation summaries for the Spokane City Manager are subject to public disclosure under RCW 42.17. The City contends that the summaries are exempt from disclosure under the employee privacy exemption of that statute. We conclude that the performance evaluation summaries are subject to public disclosure because there is a legitimate public interest in [454]*454the information. We affirm the decision of the superior court.

The Spokane City Manager is appointed by the Spokane City Council and serves the City at its will. Each year the Council evaluates the job performance of the City Manager. In 1999, as part of its evaluation of William Pupo, the Council sent 125 questionnaires to a broad spectrum of the community, including neighborhood groups, agencies and businesses who work with the City and its employees. The Council hired an outside consulting firm to compile and analyze the responses to the questionnaires. In part, this information was used by the City Council in making a decision to retain Mr. Pupo as City Manager. He subsequently resigned.

The Spokane Research & Defense Fund requested “a copy of summaries or tabulation of responses or other synopses used or being used by the City Council concerning Mr. Pupo.” The Council denied the request on the ground the material was exempt from the public disclosure act. The Fund then moved the superior court for an order to show cause why the City should not produce the records pursuant to RCW 42.17.

The superior court identified the issue as whether the records that the Fund sought were exempt under RCW 42.17.310(l)(b), which excludes from disclosure “[pjersonal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.” The court held that disclosure of the compilation would not violate Mr. Pupo’s right of privacy because “it is an examination of his public job performance.” And, in the court’s view, the records are of legitimate concern to the public. As to the latter point, the court cited the fact the materials did not identify the persons who had responded to the evaluation questionnaires. Hence, fear of public disclosure would not compromise an evaluator’s candor in making the performance evaluations. The court therefore reasoned that disclosure would not harm the efficient administration of [455]*455government. The court also awarded the Fund its attorney-fees pursuant to RCW 42.17.340(4).

RCW 42.17 requires state and local governments to disclose any public record upon request, unless the record falls within specified exemptions. This law “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). Its disclosure provisions are liberally construed, and its exemptions are narrowly construed. RCW 42.17-.010(11), .251, .920. By statute, courts interpreting RCW 42.17 are directed “that free and open examination of public records is in the public interest, even though such examination may cause inconvenience or embarrassment to public officials or others.” RCW 42.17.340(3). Consequently, government bears the burden of proving that refusing to disclose “is in accordance with a statute that exempts or prohibits disclosure^]” RCW 42.17.340(1).

The City argues that the summaries of Mr. Pupo’s performance evaluations are exempt from disclosure under RCW 42.17.310(l)(b), the employee privacy exemption provision. This provision exempts: “Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.” RCW 42.17.310(l)(b). A person’s right to privacy is 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 42.17.255. Under these provisions, the use of a test that balances the individual’s privacy interests against the interest of the public in disclosure is not permitted. Brouillet v. Cowles Publ’g Co., 114 Wn.2d 788, 798, 791 P.2d 526 (1990). 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 its disclosure. Dawson v. Daly, 120 Wn.2d 782, 797-98, 845 P.2d 995 (1993).

In Dawson, this Supreme Court discussed the exemption contained in RCW 42.17.310(l)(b). There, an expert wit[456]*456ness who testified for the defense in child abuse cases sought disclosure of files that the prosecutor had developed “for use in challenging his qualifications, in cross-examining him, and in attempting to impeach him[.]” Dawson, 120 Wn.2d at 787. He also sought disclosure of the personnel file of the deputy prosecutor who had created the office file. The purpose of this latter request was to determine whether the deputy had defamed him or interfered with his business. With some exceptions, the prosecutor’s office disclosed the deputy’s personnel file. One of the exceptions was the deputy’s performance evaluations. The expert witness then went to court to compel disclosure of this information.

The court characterized the issue before it as “whether disclosure of a performance evaluation, which does not discuss any specific instances of misconduct or of the performance of public duties, would be highly offensive to a reasonable person[.]” Id. at 796. The court farther stated: “[e]mployee evaluations qualify as personal information that bears on the competence of the subject employees.” Id. at 797. Therefore, “disclosure of performance evaluations, which do not discuss specific instances of misconduct, is presumed to be highly offensive within the meaning of RCW 42.17.255.”

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Cite This Page — Counsel Stack

Bluebook (online)
994 P.2d 267, 99 Wash. App. 452, 17 I.E.R. Cas. (BNA) 936, 2000 Wash. App. LEXIS 325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spokane-research-defense-fund-v-city-of-spokane-washctapp-2000.