New public records exemptions begin soon

New exemptions under HB 1888 go into effect June 11, providing additional protections for public employee information.

As signed into law, a public employee’s month and year of birth, photographs, and payroll deduction information are exempt from public disclosure. However, news media organizations still have access to this employee information.

The state defines “news media” using the definition outlined in RCW 5.68.010(5) :

The term “news media” means:

(a) Any newspaper, magazine or other periodical, book publisher, news agency, wire service, radio or television station or network, cable or satellite station or network, or audio or audiovisual production company, or any entity that is in the regular business of news gathering and disseminating news or information to the public by any means, including, but not limited to, print, broadcast, photographic, mechanical, internet, or electronic distribution;

(b) Any person who is or has been an employee, agent, or independent contractor of any entity listed in (a) of this subsection, who is or has been engaged in bona fide news gathering for such entity, and who obtained or prepared the news or information that is sought while serving in that capacity; or

(c) Any parent, subsidiary, or affiliate of the entities listed in (a) or (b) of this subsection to the extent that the subpoena or other compulsory process seeks news or information described in subsection (1) of this section.

The law also requires an agency that receives a request for information located exclusively in an employee’s personnel, payroll, supervisor, or training file to provide notice to the employee, any union representing the employee, and the requester with:

• The date of the request;
• The nature of the requested record;
• That the agency will release any nonexempt information in the record at least ten days after the notice is made; and
• That the employee may seek a court order enjoining disclosure.

We recommend that cities review their current public disclosure processes and make any needed changes to comply with the new law.