ROBERT N. CLARK, AS THE CITY CLERK OF SUNRISE, APPELLANT,
v.
DENNIS J. WALTON, APPELLEE
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A city clerk must disclose employee names and home addresses to a union organizer under Florida's Public Records Act, even though the information is maintained in personnel files.
A public entity is obligated by the Public Records Act to furnish a union organizer with the names and home addresses of municipal employees contained in personnel records.
[1] A public entity must disclose employee names and home addresses from personnel records to a union organizer under the Public Records Act, notwithstanding the confidential…
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Join FLexlaw to unlock all legal intelligenceThe City Clerk of Sunrise maintained employee names and home addresses in personnel files and a payroll computer system. A union organizer requested t…
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KANEY, FRANK N., Associate Judge.
The Appellant, as City Clerk maintained custody and control of all documents and records of the City of Sunrise, Florida. The names and home addresses of all municipal employees were maintained only in personnel files and this information was also programmed into a computer used for payroll purposes.
Appellee was a union organizer, who desired the names and home addresses of all city employees.
Taking the position that even if these records were “Public records” they were privileged, Appellant offered to supply the names and business mailing addresses of the city’s employees.
Finding this to be unacceptable, Appellee filed a Petition for Writ of Mandamus in the Circuit Court in and for Broward County seeking to compel the Appellant to provide the names and home addresses.
After a hearing, the court entered a Final Judgment granting Pre-Emptory Writ of Mandamus.
This appeal followed.
We affirm.
In the case of Warden v. Bennett, 340 So. 2d 977 (Fla.2d DCA 1976), the Second District Court of Appeal faced the samé issue we face here, viz, whether a union organizer has the right to obtain the names and home addresses of employees of a public entity, which are contained in the personnel records of that public entity.
In Warden, the Second District Court of Appeal said that the public entity was obligated by the Public Records Act to furnish the union organizer with the requested information.
Following the lead of our sister court, we also hold that the public entity is obligated by the Public Records Act to furnish the requested information.
AFFIRMED.
CROSS and DAUKSCH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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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 addresses of the city’s employees. He obtained a Writ of Mandamus when A…
Authorities Cited
- Warden v. Bennett, 340 So. 2d 977 (Fla. 2d DCA 1976)