MARCIA D. WARDEN, APPELLANT,
v.
MICHAEL M. BENNETT ET AL., APPELLEES

Fla. 2d DCA | 1976-12-29
No. 76-250
McNULTY, C. J., and SCHEB, J., concur.
340 So. 2d 977 Florida District Court of Appeal, Second District (1976) Caution
Cited by 18 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

A labor organizer sought access to public records containing employee names, addresses, and budget working papers from a junior college under Florida's Public Records Act. The trial court denied the petition, but the appellate court reversed, holding that public records must be disclosed regardless of the requester's motivation and that no exemption applies to this information.


Holding

The court held that the college was obligated under the Public Records Act to furnish the requested information, including employee addresses, regardless of the requester's motivation or labor organizing purpose. Public records must be disclosed absent a specific statutory exemption, and the Public Employees Relations Act does not create an exemption or condition access on exhausting administrative remedies.


Headnotes

[1] The motivation of a person seeking public records is irrelevant to their right to access those records under the Public Records Act.

[2] A citizen's right to public records is not conditioned upon first exhausting administrative remedies for unfair labor practices when the refusal to furnish records might…

Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“the Public Records Act does not direct itself to the motivation of the person who seeks the records, and the purpose for which Warden sought these records was certainly not illegal. The fact that she intended to use them to help her in her labor organizing was irrelevant.”

Establishes that a requester's motivation or intended use of public records is irrelevant to access rights under the Public Records Act.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Marcia Warden, a labor organizer for the Communication Workers of America, requested from St. Petersburg Junior College the names and addresses of col…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
GRIMES, Judge.

GRIMES, Judge.

This is an appeal from an order denying a petition for mandatory injunction to furnish certain information and records under the Public Records Act.

Appellant, Warden, is a citizen of the State of Florida and a labor organizer for the Communication Workers of America. Appellee, Bennett, is the president of the St. Petersburg Junior College. Warden brought suit against Bennett and the trustees of the college asserting that she had been illegally refused access to those records containing the names and addresses of the employees of the college and denied the right to be furnished with copies of the working papers used in preparing the college budget. Warden admitted that she was seeking this information for the purpose of assisting in her efforts to organize the employees of the college. The court dismissed the petition holding that the defendants were not obligated by law to furnish these records.

It is not seriously suggested that these were not public records within the purview of Chapter 119, Florida Statutes. See City of Gainesville v. State ex rel. I.A.F.F., Loc. 2157, 298 So. 2d 478 (Fla. 1st DCA 1974). Likewise, there is no intimation that the time required of the college employees to furnish these records would unreasonably disrupt the orderly business of the college or that Warden was unwilling to pay the reasonable cost of furnishing these records. The court’s ruling was essentially based upon four grounds which shall be discussed in turn.

First, it was said that the public policy of the state as reflected by Section 447.201, Florida Statutes (1974), is neither to encourage nor discourage organization of public employees and that to furnish Warden with the requested material would be improperly aiding the organization of the college’s employees. We find it difficult to comprehend how the furnishing of public records would violate the spirit of Chapter 447, Part II, Florida Statutes (1974), sometimes called the Public Employees Relations Act. Moreover, the Public Records Act does not direct itself to the motivation of the person who seeks the records, and the purpose for which Warden sought these records was certainly not illegal. The fact that she intended to use them to help her in her labor organizing was irrelevant.

The court further indicated that the college might be committing an unfair labor practice by providing the records to Warden in her capacity as a labor organizer and, therefore, it was necessary for Warden to first exhaust her administrative remedies before the Public Employees Relations Commission under Chapter 447. Our court held in Public Employees Relations Commission v. Fraternal Order of Police, Local Lodge No. 38, 327 So. 2d 43 (Fla.2d DCA 1976), that the federal doctrine of preemption is applicable to the activities of public employers in Florida who commit acts which are arguably unfair labor practices. But with all due respect, we cannot see how the furnishing of the records requested in this case pursuant to a statutory mandate could “arguably” be considered an unfair labor practice. Cf. Maxwell v. School Board of Broward County, 330 So. 2d 177 (Fla.App., 4th DCA 1976). The refusal to furnish the records might come closer to being an unfair labor practice, but there is nothing in, the Public Records Act that would intimate that a citizen’s right to public records is conditioned upon first asserting an unfair labor practice before the Public Employees Relations Commission whenever the refusal to furnish the records might constitute such a practice.

Thirdly, the court felt that to require the college to provide the requested information would be to bypass the collective bargaining process and contradict Rule 8H-3.27 of the Public Employees Relations Commission. This rule reads as follows:

“8H-3.27 Eligibility List. Public employees must file with the Chairman and the parties to an election an Election Eligibility List containing names and addresses of all eligible voters within ten (10) calendar days after approval by the Chairman of a Consent Election Agreement or after a direction of an election by the Commission. The 10-day requirement may be extended by the Chairman in unusual circumstances.”

The fallacy in this reasoning is that it presupposes that simply because the information contained in certain public records might be available from other sources, the person seeking access to these records must first show that he has unsuccessfully sought the information from these sources. The Public Records Act contains no such requirement. Moreover, Rule 8H-3.27 would only provide a source for obtaining the names and addresses of the employees and then only after the approval or direction of an election.

Finally, the court observed that any right to request this information under the Public Records Act must give way to the statutory scheme for regulating public employee labor relations in the state as reflected by Chapter 447. Yet, there is nothing in Chapter 447 which remotely suggests that records otherwise available under the Public Records Act should not be furnished to those engaged in organizing government employees. It is significant to note that Section 447.605(3), Florida Statutes (1974), provides that all work products developed by the public employer in preparation for negotiations and during negotiations shall be exempt from the provisions of Chapter 119. The fact that the legislature specifically chose to exempt those particular records from the Public Records Act suggests that the legislature saw no other conflict between the public policies it expressed in the Public Employees Relations Act and in the Public Records Act.

The only doubt we entertain in this case is whether the addresses of the college employees could be considered part of their personnel records and thereby deemed confidential under the principles announced in this court’s decision in Wisher v. News-Press Publishing Co., 310 So. 2d 345 (Fla. 2d DCA 1975). The primary reason we held that personnel files were not subject to the provisions of the Public Records Act was to protect the privacy of the many employees of our state and local governments. While an employee may occasionally want his address kept confidential, it is seldom that the address of a governmental employee would not be ascertainable from other sources. Therefore, an employee’s expectation that his address cannot be ascertained is minimal. Moreover, there are legitimate reasons why the public might wish to know the address of a public employee. On balance, we believe that the addresses of public employees do not fall within the confidentiality of personnel files afforded by the Wisher case.

Accordingly, we hold that Bennett and the trustees were obligated by the Public Records Act to furnish Warden with the requested information.

REVERSED.

McNULTY, C. J., and SCHEB, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Lorei v. Smith, 464 So. 2d 1330 (Fla. 2d DCA 1985)
    …ation of chapter 119 was to insure to the people of Florida the right freely to gain access to governmental records. The purpose for such inquiry is immaterial. News-Press Publishing Co. v. Gadd, 388 So. 2d 276 (Fla. 2d DCA 1980); Warden v. Bennett, 340 So. 2d 977 (Fla. 2d DCA 1976). The breadth of such right is virtually unfettered, save for the statutory exemptions designed to achieve a balance between an informed public and the ability of government to maintain secrecy in the public interest. The exclusive…
  • News-Press Publ'g Co., Inc. v. Gadd, 388 So. 2d 276 (Fla. 2d DCA 1980)
    …nd should have been stricken. The hospital’s defense alleging malicious motives for seeking the documents is likewise irrelevant. The Public Records Act does not direct itself to the motivation of the person who seeks the records. Warden v. Bennett, 340 So. 2d 977 (Fla.2d DCA 1976). Further, we quash the notice of taking the deposition of the publisher of the News-Press. We do so because counsel for the hospital indicated that the reason for the deposition was to inquire into the newspaper’s motives for seek…
  • Browning v. Walton, 351 So. 2d 380 (Fla. 4th DCA 1977)
    …FRANK N. KANEY, Associate Judge. This case is factually similar to the Second District Court of Appeal’s case of Warden v. Bennett, 340 So. 2d 977 (Fla. 2d DCA 1976), and our own case of Clark v. Walton, 351 So. 2d 353 (Fla. 4th DCA 1977). Appellant is the Clerk of the City of Plantation who has control of the city’s personnel files. Appellee is a union organizer who wants the names and home…

Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw