Wood v. Lowe

10 P.3d 494
CourtCourt of Appeals of Washington
DecidedOctober 12, 2000
Docket18539-7-III
StatusPublished
Cited by28 cases

This text of 10 P.3d 494 (Wood v. Lowe) 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
Wood v. Lowe, 10 P.3d 494 (Wash. Ct. App. 2000).

Opinion

10 P.3d 494 (2000)
102 Wash.App. 872

Lois M. WOOD, Appellant,
v.
Steve M. LOWE, Franklin County Prosecutor, Respondent.

No. 18539-7-III.

Court of Appeals of Washington, Division 3, Panel Five.

October 12, 2000.

*495 Craig Stilwill, Pasco, for Appellant.

Christopher J. Mertens, Bruce A. Spanner, Miller, Mertens & Spanner, Richland, for Respondent.

BROWN, J.

Today we decide whether the trial court properly denied Lois Wood's request for attorney fees, costs and sanctions for the denial of an alleged public records request under the Public Disclosure Act, RCW 42.17(PDA). The trial court concluded the letter demanding information and documents related to her impending termination was ambiguous as to whether it was a public records request under the PDA or a personnel action under RCW 49.12. We agree and accordingly, we affirm.

FACTS

On April 2, 1999, Lois Wood, an attorney/employee of the Franklin County Prosecutor's *496 Office, received a letter placing her on administrative leave and informing her she would be terminated on June 2 if she did not resign earlier. On April 13, Ms. Wood, through her attorney, wrote to Steve Lowe, the Franklin County Prosecuting Attorney, requesting her personnel file. The letter stated in part:

We are requesting that you clarify [Ms. Wood's] status with your office. If there is a basis for her termination, we demand that you provide us with written evidence immediately. In that regard, enclosed is a release of information signed by Ms. Wood, please provide us with a full copy of her personnel file and any other information or documentation that you may have in your custody or under your control that relates to Ms. Wood and her past and current employment with your office and the Prosecutor's Office in general.

The letter, hand-delivered on April 14, included Ms. Wood's authorization to provide "all records, opinions, photostatic copies, abstracts or excerpts of any records or any other information or document" to her attorney. Neither the letter nor the authorization indicated that Ms. Wood was making the request pursuant to the public records portion of the PDA, RCW 42.17.250 .348.

Mr. Lowe's attorney, Christopher Mertens, indicated by affidavit that neither he nor Mr. Lowe knew Ms. Wood was making a public records request. Mr. Mertens had surgery on April 16, and did not receive Ms. Wood's letter until April 21. Mr. Mertens believed the letter, including a waiver of privileges, indicated a request for Ms. Wood's personnel file under RCW 49.12.250. Under RCW 49.12.250(1), an employer must provide an employee with access to his or her personnel file "within a reasonable period of time" of the employee's request. This provision contrasts with the PDA, which requires an agency to "respond" within five business days of receiving a request for public records. RCW 42.17.320.

Ms. Wood took no further action on her April 13 letter until April 26, when she filed an ex parte motion pursuant to the PDA to show cause why Mr. Lowe had not produced the requested documents. Ms. Wood further sought attorney fees, costs, and statutory penalties against Mr. Lowe, as provided for in RCW 42.17.340(4). The superior court issued the show cause order on April 26.

The first time that Mr. Lowe and his attorney indicated they became aware Ms. Wood was making a PDA request was when they received the court's show cause order. On April 27, Mr. Lowe, through his attorney, made the file available to Ms. Wood.

On May 3, after a telephonic hearing, the court denied Ms. Wood's claim for attorney fees, costs and sanctions under the PDA. In essence, the court reasoned Ms. Wood's request was ambiguous, as it was not clear her request was pursuant to the PDA, rather than a less time sensitive personnel request under RCW 49.12.250. Ms. Wood unsuccessfully moved for reconsideration, then appealed.

ANALYSIS

The issue is whether the trial court erred when denying Ms. Wood's request for attorney fees, costs and sanctions under the PDA and concluding her letter was ambiguous as to whether it was a public disclosure request under RCW 42.17 or a personnel file request under RCW 49.12.

Review is de novo. RCW 42.17.340(3). "[T]he appellate court stands in the same position as the trial court where the record consists only of affidavits, memoranda of law, and other documentary evidence." Progressive Animal Welfare Soc'y v. University of Washington, 125 Wash.2d 243, 252, 884 P.2d 592 (1994) (PAWS II).

The PDA is a "strongly worded mandate for broad disclosure of public records." PAWS II, 125 Wash.2d at 251, 884 P.2d 592 (quoting Hearst Corp. v. Hoppe, 90 Wash.2d 123, 127, 580 P.2d 246 (1978)). Courts should liberally construe the PDA to promote full access to public records and should narrowly construe its exemptions. RCW 42.17.251.

Under the PDA, all state and local agencies must disclose any public record upon request unless the record falls under a statutory exemption. RCW 42.17.260(1); Progressive Animal Welfare Soc'y v. University *497 of Washington, 114 Wash.2d 677, 682-83, 790 P.2d 604 (1990) (PAWS I) (agencies have a "positive duty" to disclose public records unless they fall within an exception). However, the PDA "only applies when public records have been requested. In other words, public disclosure is not necessary until and unless there has been a specific request for public records." Bonamy v. City of Seattle, 92 Wash.App. 403, 409, 960 P.2d 447 (1998), review denied, 137 Wash.2d 1012, 978 P.2d 1099 (1999).

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10 P.3d 494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-lowe-washctapp-2000.