Mitchell v. Wash. State Dep't of Corr.

• Decision Date: 06 December 2011
• Docket Number: No. 39874–5–II.,39874–5–II.
• Parties: Kevin Michael MITCHELL, Appellant, v. WASHINGTON STATE DEPARTMENT OF CORRECTIONS, Respondent.
• Court: Washington Court of Appeals

164 Wash.App. 597
277 P.3d 670

Kevin Michael MITCHELL, Appellant,
v.
WASHINGTON STATE DEPARTMENT OF CORRECTIONS, Respondent.

No. 39874–5–II.

Court of Appeals of Washington,
Division 2.

Sept. 7, 2011.
As Amended on Reconsideration in Part Dec. 6, 2011.

[277 P.3d 671]

Kevin M. Mitchell (Appearing Pro Se), Connell, WA, for Appellant.

Timothy Norman Lang, Office of the Attorney General, Olympia, WA, for Respondent.

WORSWICK, J.

[164 Wash.App. 600]¶ 1 Kevin Mitchell made a Public Records Act (PRA) ¹ request to the Washington Department of Corrections (DOC) and asked for the requested records to be disclosed electronically. The DOC responded that it would not disclose the records electronically because redactions would be necessary to protect information that was exempt from disclosure. Mitchell filed suit claiming that the agency (1) improperly denied access to records without providing an exemption statement, and (2) was required to disclose the records electronically. The trial court ruled in favor of the DOC on both claims. We reverse and remand to the trial court on Mitchell's first claim, holding that the DOC violated the PRA by failing to provide an exemption statement with its response denying access to the records in part. We affirm on Mitchell's second claim, holding that the DOC was not required to disclose the records electronically.

FACTS

¶ 2 On May 14, 2007, Mitchell, a prisoner in DOC, submitted a written request to the DOC asking for all data pertaining to him from two electronic databases. On June 18, the DOC responded by letter that Mitchell would not be permitted to personally inspect the requested records, but [164 Wash.App. 601]that he could appoint a personal representative to do so. On July 1, Mitchell responded with a request that the DOC disclose the records electronically by e-mail.

¶ 3 On July 16, the DOC responded by letter that the requested records would “have redactions that are mandatory exempt from disclosure, therefore would not meet the criteria to be sent electronically.” ² Clerk's Papers at 17. The DOC informed Mitchell that he could either pay for copies that would be sent to him, or he could have a third party inspect the records on his behalf. When Mitchell did not respond within 30 days, the DOC administratively closed his request, subject to being reopened at any time upon notification from Mitchell.

¶ 4 On November 13, 2008, Mitchell filed a motion for an order to show cause in Thurston County Superior Court, arguing that the DOC violated the PEA by denying access to records without providing an exemption statement, and arguing that the DOC was required to disclose the records electronically.³ The DOC responded that it had not denied Mitchell's request but, rather, had properly offered him the option to arrange for third-party inspection or to pay for copies.⁴ The trial court found that the DOC had

[277 P.3d 672]

not refused to disclose any information and that it was not required to [164 Wash.App. 602]disclose records electronically, denying Mitchell's motion for an order to show cause.

ANALYSIS Exemption Statement

¶ 5 Mitchell first argues that the DOC violated the PRA by denying him access to part of the requested records without including a statement of the specific statutory exemptions and a brief explanation of how the exemptions apply (exemption statement). We agree.

¶ 6 Under the PRA, on the motion of a person who has been denied an opportunity to inspect or copy a public record, the superior court may require an agency to show cause why it has refused to allow inspection or copying. RCW 42.56.550(1).⁵ The agency bears the burden to show that the refusal complies with a statutory exemption. RCW 42.56.550(1). We conduct a de novo review of agency actions taken or challenged under RCW 42.56.030 through RCW 42.56.520. RCW 42.56.550(3). Where, as here, the record on a motion to show cause under the PRA consists only of affidavits, memoranda of law, and other documentary evidence, we stand in the same position as the trial court. O'Connor v. Dep't of Soc. & Health Svcs., 143 Wash.2d 895, 904, 25 P.3d 426 (2001) (quoting Progressive Animal Welfare Soc'y v. Univ. of Wash., 125 Wash.2d 243, 252, 884 P.2d 592 (1994) ( PAWS II)).

¶ 7 “The PRA is a strongly worded mandate for broad disclosure of public records.” Rental Hous. Ass'n of Puget Sound v. City of Des Moines, 165 Wash.2d 525, 535, 199 P.3d 393 (2009). The PRA “shall be liberally construed and its exemptions narrowly construed” to promote this purpose of public disclosure. RCW 42.56.030.

[164 Wash.App. 603]¶ 8 The PRA provides, “Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.” RCW 42.56.210(3). “When an agency claims an exemption for an entire record or portion of one, it must inform the requestor of the statutory exemption and provide a brief explanation of how the exemption applies to the record or portion withheld.” Rental Hous. Ass'n, 165 Wash.2d at 539, 199 P.3d 393 (quoting WAC 44–14–04004(4)(b)(ii)).

¶ 9 This case requires us to interpret RCW 42.56.210(3) to determine whether the DOC was required to include an exemption statement with its July 16 response. Our purpose when interpreting a statute is to determine and enforce the legislature's intent. Rental Hous. Ass'n, 165 Wash.2d at 536, 199 P.3d 393. Where the meaning of statutory language is plain on its face, we give effect to that plain meaning as an expression of legislative intent. Rental Hous. Ass'n, 165 Wash.2d at 536, 199 P.3d 393. When determining a statute's plain meaning, it is appropriate for courts to look to the context of the statute, including other provisions within the same act. Dep't of Ecology v. Campbell & Gwinn LLC, 146 Wash.2d 1, 10–12, 43 P.3d 4 (2002). “In construing the PRA, we look at the Act in its entirety in order to enforce the law's overall purpose.” Rental Hous. Ass'n, 165 Wash.2d at 536, 199 P.3d 393.

¶ 10 An agency “produces” a document by making it available for inspection or copying. Sanders v. State, 169 Wash.2d 827, 836, 240 P.3d 120 (2010). The DOC produced the requested records in its July 16 response, writing that Mitchell could either pay for copies of the documents or arrange for a third party to inspect the documents on his behalf. But the DOC also refused Mitchell access to part of the records in this response, stating that redactions of exempted information would be necessary; the DOC did not, however, recite the statutory provisions under which it claimed such exemption.

[164 Wash.App. 604]¶ 11 The DOC first asserts that it did not deny Mitchell access to the records and

[277 P.3d 673]

thus the requirement of an exemption statement was not triggered. This argument is contrary to the plain language of RCW 42.56.210(3). Under this subsection, an exemption statement must be included in any response “refusing, in whole or in part, inspection...