DRS and some cities receive large records requests for employee information

The Department of Retirement Systems (DRS) has received a public records request that seeks information about all members of the state’s retirement systems, including all current employees, retirees, and inactive members, for the period July 1, 2017, to June 30, 2019.

The detailed list of items subject to disclosure can be reviewed here. The requesting organization is The Seattle Times.

DRS intends to provide the information to the requesting organization on March 9, 2020, absent legal intervention from the courts.

An agency can be enjoined from releasing a record if a court finds that the release “would clearly not be in the public interest and would substantially and irreparably damage any person, or would substantially and irreparably damage vital governmental functions.”

To be enjoined from releasing records in the current request, DRS would need to be served with an injunction prior to the scheduled release date listed above.

DRS received a similar request last fall from another organization and requested assistance from cities and other public employers in providing notice to impacted employees about the request. That request is currently subject to an injunction to allow for identification of individuals whose information would be protected from disclosure.

We are also aware that many cities have received similar records requests directly and that some of these cities are already subject to the same injunction as DRS. Some public employees and their labor unions are asking that, when any public employer receives a request for employee information, the employer provide third-party notice to the impacted employees and their labor union representatives so that they have a chance to review the request and potentially file an injunction against the release of sensitive information (such as employees who have domestic violence victim protections in place).

If you want additional information or have questions about the DRS records requests, please contact DRS at 844-704-6780 or drs.pdrnotice@drs.wa.gov.

Related to these requests is HB 1888, passed by the House and now awaiting a hearing by the Senate. The bill exempts month and year of birth and photographs of public employees and volunteers from release—unless the requestor is the news media.

HB 1888 also requires public employers to notify employees and labor representatives when a public records request has been made for employee personal information. The notice must include the date of the request, the nature of the records that have been requested, the date on which the agency plans to release the record, and a statement that the record will be released, unless a court order is issued before the intended release date enjoining the release of the record. The notice must be provided at least ten days prior to when the records would be released.