Scottsdale changes public records rules
By Ryan Gabrielson
Scottsdale altered its public records ordinance last week to ensure that
personnel files deemed open by state law are released.
The move, unanimously approved without comment by the City Council on May 17,
was in response to a March 23 order by Maricopa County Superior Court Judge
Michael D. Jones, who ruled the ordinance unlawful.
Scottsdale was also ordered to pay the Tribune’s legal fees of about $24,000 for
a nearly yearlong court battle after the newspaper filed suit over the city’s
refusal to release a former Scottsdale police officer’s personnel file.
The revised ordinance requires that the city attorney review any request for
personnel files to determine what can be released.
"It’s an important first step," said Dan Barr, the Tribune’s attorney.
Jones ruled that Scottsdale’s actions were arbitrary and capricious, though not
made in bad faith.
"We thought we were complying with state law previously, but our ordinance
raised an issue about that, so we’ve amended it to be consistent with state
law," interim City Attorney Deborah Robberson said.
On May 1, 2004, former Scottsdale police officer Kevin Baxter was involved in an
alcohol-related hit-and-run that left an off-duty Maricopa County sheriff’s
deputy an amputee. The Tribune requested Baxter’s personnel file and was denied.
Scottsdale released the records the day before the lawsuit went to trial; the
newspaper then sued for legal fees.
"It’s too bad they had to spend $24,000 to learn that lesson," Barr said. "But
they’ve learned the lesson that they must comply with all state and federal laws
and regulations."
Bill Farrell, town attorney for Queen Creek and Cave Creek, said municipalities
must be careful to protect their employees’ private medical information and home
addresses. They also must release those records that state law makes public, he
said.
In the future, Scottsdale will, Robberson said.
"If those things are a matter of public record for any given public records
request, we’ll provide them. If they’re not we won’t," she said. "We have to
make a case-by-case analysis."
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