Stilley v. McBride

965 S.W.2d 125, 332 Ark. 306, 1998 Ark. LEXIS 146
CourtSupreme Court of Arkansas
DecidedMarch 19, 1998
Docket97-628
StatusPublished
Cited by244 cases

This text of 965 S.W.2d 125 (Stilley v. McBride) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stilley v. McBride, 965 S.W.2d 125, 332 Ark. 306, 1998 Ark. LEXIS 146 (Ark. 1998).

Opinion

Tom Glaze, Justice.

On behalf of two clients, appellant Oscar Stilley, an attorney, filed a § 1983 action in federal court against two Fort Smith police officers, Patricia Sullivan and Ronald Pippin. Stilley sought to obtain the officers’ home addresses from their personnel records from Wanda McBride, a City of Fort Smith employee. Stilley wanted the addresses, so he could serve the officers by mail, which was cheaper than having them served in person. When McBride refused Stilley’s request, Stilley immediately reduced his request to writing, demanding the addresses pursuant to the Arkansas Freedom of Information (FOI) Act, Ark. Code Ann. § 25-19-101 -107 (Repl. 1996). On the same day, the Fort Smith City Attorney, Stanley A. Leasure, by letter, denied Stilley’s demand, and stated the records requested were exempt from disclosure under § 25-19-105(b)(10) of the FOI Act. That provision generally provides that personnel records are not open to the public if their disclosure would constitute a “clearly unwarranted invasion of personal privacy.” Six days later, Stilley, pro se, filed this lawsuit in circuit court, seeking Sullivan’s and Pippin’s home addresses. Fort Smith answered, again denying Stilley’s requests, and stating the information sought is exempt under § 25-19-105(b)(10). The circuit court promptly set the matter for a hearing.

At the hearing, counsel revealed that not only had Stilley already obtained the officers’ addresses, but also both the City and the officers had filed their answers in the federal lawsuit. In fact, the federal suit had been dismissed prior to the circuit court’s hearing. Nonetheless, the parties and the circuit court proceeded with stipulations of facts, testimony, and arguments, after which the circuit court held that the officers’ home addresses were exempt from disclosure under § 25-19-105(b)(10) because the information is a clearly unwarranted invasion of personal privacy. Stilley appeals, claiming the trial court erred.

We first are met with the doctrine of mootness, and the well-settled rule that this court does not render advisory opinions, nor answer academic questions. Wilson v. Pulaski Ass'n of Classroom Teachers, 330 Ark. 298, 954 S.W.2d 221 (1997). Under Arkansas law, a case becomes moot when any judgment rendered would have no practical effect on an existing legal controversy. Id. However, when the case involves the public interest, or tends to become moot before litigation can run its course, or a decision might avert future litigation, we have, with some regularity, refused to permit mootness to become the determinant. Campbell v. State, 300 Ark. 570, 781 S.W.2d 14 (1989). The FOI case now before us unquestionably presents an issue of public interest. Accordingly, we address and decide it.

In Young v. Rice, 308 Ark. 593, 826 S.W.2d 252 (1992), this court considered whether personnel records, containing written examinations and evaluations of police officers seeking promotions, were exempt from disclosure under § 25-19-105(b)(10). We sustained the trial court’s ruling that the public’s right of scrutiny would be satisfied under the circumstances, if the evaluation or assessor report forms were released after the names of the officers were deleted. In affirming the trial court, we stated the following:

The fact that section 25-19 — 105(b)(10) exempts disclosure of personnel records only when a clearly unwarranted personal privacy invasion would result, indicates that certain “warranted” privacy invasions will be tolerated. Thus, section 25-19-105(b) (10) requires that the public’s right to knowledge of the records be weighed against an individual’s right to privacy. The public’s interest, the right to know that its safety is protected by competent and the best-qualified police lieutenants, is substantial. Because section 25-19-105(b)(10) allows warranted invasions of privacy, it follows that when the public’s interest is substantial, it will usually outweigh any individual privacy interests and disclosure will be favored.

In the Young decision, while recognizing the federal FOI Act personnel exemption is not identical to Arkansas’s, we adopted the federal court’s standard of balancing the public’s and individual’s privacy interests when deciding whether personnel information should be disclosed under § 25-19-105(b)(10). We cited Brown v. FBI, 658 F.2d 71 (2d Cir. 1981), with approval, stating that the federal courts have found that a substantial privacy interest exists in records revealing the intimate details of a person’s Ufe, including any information that might subject the person to embarrassment, harassment, disgrace, or loss of employment or friends. We concluded in Young that the release of embarrassing behaviors potentially contained in the records regarding officer promotions touched on the intimate details of the officer-candidates’ lives, and was, therefore, a substantial personal privacy interest and would result in a clearly unwarranted invasion of the officers’ personal privacy.

Since our decision in Young, the Supreme Court has decided the case of Department of Defense v. FLRA, 510 U.S. 487 (1994), which is worthy of our review before deciding the question now before us. There, the Court held the disclosure of the home addresses of federal civil service employees constituted a “clearly unwarranted invasion of the employees personal privacy” within the meaning of the federal FOI Act, 5 U.S.C. § 552(b)(6). 1 In FLRA, two local unions requested agencies of the Department of Defense to provide them with the names and home addresses of the agency employees in the bargaining units represented by the unions, but the agencies withheld home addresses, claiming such information was prohibited by the Privacy Act of 1974. Eventually, a divided panel of the United States Court of Appeals for the Fifth Circuit rejected the agencies’ claim and held that, because exemption § 552(b)(6) of the federal FOI Act did not apply, the FOI law mandated full disclosure. 975 F.2d 1105 (1992). The Fifth Circuit majority panel reasoned that because the weighty interest in public-sector collective bargaining identified by Congress in the Labor Statute would be advanced by the release of the home addresses, disclosure “would not constitute a clearly unwarranted invasion of privacy.” 2 The Fifth Circuit adopted the unions’ argument that the home addresses of bargaining-unit employees constitute information that was “necessary” to the collective-bargaining process because through them, unions could communicate with employees more effectively than would otherwise be possible.

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965 S.W.2d 125, 332 Ark. 306, 1998 Ark. LEXIS 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stilley-v-mcbride-ark-1998.