State Supreme Court upholds records access

OLYMPIA – The work-related records of public employees are indeed public, the state Supreme Court ruled Thursday, Aug. 24.

In a public records-access lawsuit filed by the Freedom Foundation, the state’s highest court ruled that access to employees’ full names, dates of birth, job titles/positions, work email addresses, annual salaries, work location stations, employment statuses, their union representatives names and titles, and other information are public.

The lawsuit stems from a lawsuit filed by the Freedom Foundation, which was seeking the information to inform public employees about the 2018 U.S. Supreme Court ruling banning mandatory union membership for a public job.

But about 50 public employee unions tried to block the release of the information in employee files, citing “personal security.”

Employee files and their contents are generally public record under the Revised Code of Washington.

The high court ruled the unions failed to show that public employees face a “particularized harm” if information in their employee file is released.

The ruling applies to all public employees in Washington state.

But a new law, Engrossed Substitute House Bill 1533, may exempt some information if a public employee can prove they are survivors of domestic violence, sexual assault, stalking or harassment; and can show a court that disclosure puts their personal safety at risk.

Freedom Foundation attorney Sydney Phillips said unions were using that law as a “smokescreen” to prevent the release of information the public owns and is entitled to obtain.

While the ruling affirms that the information is public, the case was remanded to a lower court to address the domestic violence law loophole created by the Legislature in the new law.

“These questions should be dealt with at the legislative level, not by courts finding exemptions that don’t exist in the constitution,” Phillips said.