Employee files: Public business?

As certain as death and taxes is the recurring issue of what is, and isn't, the public's right to know. In the case of public agencies - whether they fall under federal, state, county, or city - that to which we citizens have access is spelled out in what are sometimes called "sunshine laws." Some use the phrase to apply only to laws requiring election and campaign disclosures; others to any public record.

In any case when the interpretation of a word or phrase in the public information statutes becomes cause for argument, courts sort it out - generally in favor of public knowledge. Where they draw the lines tends to fit two primary categories: security in the public's interest (military, pending criminal investigations or legal proceedings) and individual/corporate privacy (home address, SSN, personal financial; trade secrets; pending real estate transactions). One thing routinely determined public business is compensation to public servants, both elected and appointed.

It's set out in a relatively user-friendly manual put out by state Attorney General Lawrence Wasden's office: "Idaho Public Records Law Manual" at www.transparent.Idaho.gov, where the AG states, "(Y)ou have a right to access government data." Each year the Legislature or courts make a change, the AG updates the manual.

Back to the current local focus on an employee records, Idaho law says the following are public information: Employee name, salary and classification/pay grade, employment history if it's public (not necessarily prior private employment), current status (e.g., on leave), and the employing agency and site of work. The rest is confidential, absent written consent of the employee.

How about resumes of employees and pre-employment applicants? They're confidential, with one exception. If the "applicant" is a candidate running for public office, the resume is public information.

Another exception is a bit odd: school district employees. They get more privacy and their personnel files are confidential. Why? I wish I knew. After much searching (beyond Idaho, which isn't alone in this policy) I found no argument - generally the basic desire for privacy and the idea that salary alone doesn't tell a full story - which applies differently than it would to any other public job. Educational agencies may elect to provide more public access in certain cases.

So if you want a record, call or write the agency and ask with as much specificity as you can. Public agencies can and usually do ask for public records requests to be in writing. They can charge a small fee for copies. Sometimes they'll take and comply with a request all via email. You don't have a right to delivery, so if you can't pick up they can charge a postage fee too. If it's a "voluminous" request or the information is difficult to put together, they can also charge another fee for employee time. Getting a record may take days to weeks, depending on how hard it is to compile and how much of it you request.

If you're curious about federal (Freedom of Information Act) and other states' open records laws, or want more information on how they apply, try this website designed by and for journalists, with a wealth of information: Rcfp.org/open-government-guide.

"Information is the oxygen of the modern age. It seeps through the walls topped by barbed wire; it wafts across the electrified borders." - Ronald Reagan.

Sholeh Patrick, J. D. is a columnist for the Hagadone News Network. Contact her at [email protected].