2011 applications for Seattle police accountability review board

Dear Mr. Mocek

In accordance with RCW 42.56.520, this email acknowledges receipt of your Public Records Request dated August 8th, 2011 and received by the Legislative Department on same date for production of the applications to the 2011 Office of Police Accountability review board.

Applications for OPARB membership meet the legal and standard definitions for “employment” rather than “volunteer.” For example, the Washington Supreme Court looked to the definition of “volunteer” contained in the industrial insurance provision of the RCW even though that statute did not apply to the facts in the case before the Court because that provision “conveys the legislature’s intent with regard to the definition of nonemployee volunteers.” Doty v. Town of South Prairie,155 Wn.2d 527, 541, 120 P.3d 941 (2005) (citing RCW 51.12.035(2). The legislature in that statute defined a nonemployee volunteer as “someone who provides services (1) by his or her ‘own free choice’ and (2) ‘receives no wages.’” Id.

The Seattle Municipal Code states that OPARB member “ shall be compensated as provided by ordinance;” and “compensation of members… for the OPA Review Board shall be appropriated in the budget of the Legislative Department.” SMC §3.28.905. Board members currently receive a $400 monthly stipend; thus, they are in the nature of employees and application materials submitted with respect to an applicant are exempt under RCW 42.56.250(2).

Therefore per RCW 42.56.250 (2) which exempts “All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant;” and RCW 42.56.250 (3) which exempts “The residential addresses, residential telephone numbers, personal wireless telephone numbers, personal electronic mail addresses, social security numbers, and emergency contact information of employees or volunteers of a public agency, and the names, dates of birth, residential addresses, residential telephone numbers, personal wireless telephone numbers, personal electronic mail addresses, social security numbers, and emergency contact information of dependents of employees or volunteers of a public agency that are held by any public agency in personnel records, public employment related records, or volunteer rosters, or are included in any mailing list of employees or volunteers of any public agency. For purposes of this subsection, "employees" includes independent provider home care workers as defined in RCW 74.39A.240;” all information contained in the documents you are requesting is exempt from public disclosure.

If you wish to appeal the exemption, please submit your appeal in writing within five business days of receipt of this message to:

Monica Simmons, City Clerk
P.O. Box 94728
Seattle, WA 98124-4728
Monica.simmons@seattle.gov
(206) 684-8361

This concludes the Legislative Department’s response to your request.

Sincerely,

Jennifer Winkler
Acting Public Records Officer
Legislative Department, City of Seattle



Jennifer Winkler
City Records Manager
Legislative Department - Office of the City Clerk
600 Fourth Avenue, Floor 3
PO Box 94728
Seattle, WA 98124-4728
(206) 684-8154

The response to PDR 2011-088 was sent on August 15th. The attached email was sent to requests@muckrock.com as indicated in the original request.

Jennifer Winkler
Acting Public Records Officer
Legislative Department