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Seattle Fire Fighters Union v. Hollister6/8/1987
Dr. Robert L. Hollister, Jr., Director of the Department of Retirement Systems; Mindy S. Trossman; and the Better Government Association appeal from an order enjoining the retirement system from releasing disability records of five retired fire fighters and police officers. We reverse and remand.
In 1979, as part of a nationwide study of police and fire fighter disability retirement systems, Mindy Trossman requested the disability retirement records of 38 retired police and fire personnel. Trossman was a project coordinator
of an organization known as the Better Government Association (BGA). Dr. Robert L. Hollister, Jr., informed Trossman that 12 of the 38 individuals were not on disability retirement; therefore, they were not within its request. He said that he would release the other 26 files only after giving notice to the affected individuals. He then sent a letter to the 26 retirees informing them that he would release their files under the public disclosure act within 10 days of receipt of his letter unless he was enjoined by a court order.
On November 20, 1979, the Seattle fire fighters' union brought an action to enjoin Hollister and the BGA from releasing the requested records under RCW 42.17.330, the public disclosure act. On December 4, 1979, the court entered an order temporarily enjoining Hollister and the BGA from releasing any information. Though named in the original complaint, neither Trossman nor the BGA was served with the original complaint or the temporary restraining order. Hollister received notice but did not appear.
After the union obtained the preliminary injunction, it mailed to Trossman copies of all of the pleadings and the injunction and asked her to acknowledge service. Upon receipt, the BGA sought to dissolve the temporary injunction and obtain reasonable attorney's fees and damages.
On February 15, 1980, the court dissolved the temporary injunction, except as to four retired fire fighters and two retired police officers. The court also ordered the six disability files sealed and released only to the parties' counsel so the contents could be summarized and briefed. On August 14, 1984, the court issued an order permanently enjoining Hollister and the BGA from releasing the files of the five retired employees. (One employee asked that the action be dismissed and permitted his file disclosed.) Hollister, Trossman, and the BGA appeal.
The public disclosure act establishes an affirmative duty to disclose public records unless they fall within specific exemptions. RCW 42.17.010 et. seq.; Hearst Corp. v. Hoppe,
90 Wash. 2d 123, 130, 580 P.2d 246 (1978). The mandate for disclosure must be liberally construed and the exemptions narrowly confined. Hearst, at 128; RCW 42.17.010. Specific exemptions are set forth in former RCW 42.17.310(1)(a)-(p). The statute further provides that such exemptions are inapplicable if the agency can delete any information that would violate personal privacy or vital government interests from the records prior to release.
(2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interest, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily ide
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