Court: Texts on public employee cellphones are public records

SEATTLE — The Washington Supreme Court on Thursday unanimously ruled that a public employee’s work-related text messages sent and received on a private cellphone are public records.

The ruling came in a case filed by Pierce County sheriff’s detective Glenda Nissen, who had asked for Prosecutor Mark Lindquist’s call and text records. Nissen had sued the county claiming Lindquist banned her from his office after she criticized the prosecutor and backed his opponent. The requests included texts that he made and received on his private cellphone.

In response, Lindquist gave the county a “call log” and “text message log” — itemized statements that contained the dates and times of calls and messages, and the telephone numbers involved. The text logs did not include the contents of the messages. Lindquist acknowledged that some of the calls and texts were work-related.

The county gave partially redacted copies to the detective, but she sued the county, arguing that the records that related to his work should be made public. The trial judge sided with the county, saying private cellphone records are not public records. The Supreme Court disagreed and ordered Lindquist to produce those records to the county.

In a statement, Lindquist said the case was about constitutional privacy protections for personal phones.

“I’m pleased our State Supreme Court agreed with us that requestors should not be able to fish through the private phones of public employees and that billing logs are not public records,” Lindquist said.

In its order, the higher court said five years ago it ruled that the Washington Public Records Act applied to data stored on a personal computer. They argued that a government worker who tries to circumvent the act by using a home computer would drastically undermine the law.

The justices clarified a list of situations that this case does not include: The ruling doesn’t impact a public employer wanting to seize a worker’s private cellphone to search for public records, or a citizen wanting to sue a public employee for private messages.

They reasoned that it would be an affront “to the core policy underpinning the (Public Records Act) — the public’s right to a transparent government” if it didn’t include all records that public employees prepare, own, use or retain in the course of their jobs.

The ruling should prove helpful to governments around Washington when developing policies for public employees to follow, said Ramsey Ramerman, an assistant city attorney in Everett who specializes in open-government laws.

“I think that this opinion gives agencies a lot of useful guidance going forward on how to deal with this issue of personal devices and personal cellphones,” he said.

The ruling recognizes that government employees have jobs and personal lives and directs that access to materials on their personal phones and computers be governed by whether the communication is work-related, Ramerman said.

Nissen argued that Lindquist sent and received text messages in his official capacity “to take actions retaliating against her and other official misconduct.” The court said that since the county and Lindquist acknowledged that some of his texts were work-related, transcripts of those messages are potentially public records.

Therefore, the court ordered Lindquist to get a transcript of his text messages and give to the county any that are public records so they can be sent to Nissen.

“As to text messages that Lindquist in good faith determines are not public records, he must submit an affidavit to the county attesting to the personal character of those messages,” the court said. “The county must produce that affidavit to Nissen.”

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

A firefighter stands in silence before a panel bearing the names of L. John Regelbrugge and Kris Regelbrugge during the ten-year remembrance of the Oso landslide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
‘Flood of emotions’ as Oso Landslide Memorial opens on 10th anniversary

Friends, family and first responders held a moment of silence at 10:37 a.m. at the new 2-acre memorial off Highway 530.

Julie Petersen poses for a photo with images of her sister Christina Jefferds and Jefferds’ grand daughter Sanoah Violet Huestis next to a memorial for Sanoah at her home on March 20, 2024 in Arlington, Washington. Peterson wears her sister’s favorite color and one of her bangles. (Annie Barker / The Herald)
‘It just all came down’: An oral history of the Oso mudslide

Ten years later, The Daily Herald spoke with dozens of people — first responders, family, survivors — touched by the deadliest slide in U.S. history.

Victims of the Oso mudslide on March 22, 2014. (Courtesy photos)
Remembering the 43 lives lost in the Oso mudslide

The slide wiped out a neighborhood along Highway 530 in 2014. “Even though you feel like you’re alone in your grief, you’re really not.”

Director Lucia Schmit, right, and Deputy Director Dara Salmon inside the Snohomish County Department of Emergency Management on Friday, March 8, 2024, in Everett, Washington. (Ryan Berry / The Herald)
How Oso slide changed local emergency response ‘on virtually every level’

“In a decade, we have just really, really advanced,” through hard-earned lessons applied to the pandemic, floods and opioids.

Ron and Gail Thompson at their home on Monday, March 4, 2024 in Oso, Washington. (Olivia Vanni / The Herald)
In shadow of scarred Oso hillside, mudslide’s wounds still feel fresh

Locals reflected on living with grief and finding meaning in the wake of a catastrophe “nothing like you can ever imagine” in 2014.

The rezoned property, seen here from the Hillside Vista luxury development, is surrounded on two sides by modern neighborhoods Monday, March 25, 2024, in Lake Stevens, Washington. (Ryan Berry / The Herald)
Despite petition, Lake Stevens OKs rezone for new 96-home development

The change faced resistance from some residents, who worried about the effects of more density in the neighborhood.

Rep. Suzan DelBene, left, introduces Xichitl Torres Small, center, Undersecretary for Rural Development with the U.S. Department of Agriculture during a talk at Thomas Family Farms on Monday, April 3, 2023, in Snohomish, Washington. (Olivia Vanni / The Herald)
Under new federal program, Washingtonians can file taxes for free

At a press conference Wednesday, U.S. Rep. Suzan DelBene called the Direct File program safe, easy and secure.

Former Snohomish County sheriff’s deputy Jeremie Zeller appears in court for sentencing on multiple counts of misdemeanor theft Wednesday, March 27, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
Ex-sheriff’s deputy sentenced to 1 week of jail time for hardware theft

Jeremie Zeller, 47, stole merchandise from Home Depot in south Everett, where he worked overtime as a security guard.

Everett
11 months later, Lake Stevens man charged in fatal Casino Road shooting

Malik Fulson is accused of shooting Joseph Haderlie to death in the parking lot at the Crystal Springs Apartments last April.

T.J. Peters testifies during the murder trial of Alan Dean at the Snohomish County Courthouse on Tuesday, March 26, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Bothell cold case trial now in jury’s hands

In court this week, the ex-boyfriend of Melissa Lee denied any role in her death. The defendant, Alan Dean, didn’t testify.

A speed camera facing west along 220th Street Southwest on Tuesday, Nov. 21, 2023 in Edmonds, Washington. (Olivia Vanni / The Herald)
New Washington law will allow traffic cams on more city, county roads

The move, led by a Snohomish County Democrat, comes as roadway deaths in the state have hit historic highs.

Mrs. Hildenbrand runs through a spelling exercise with her first grade class on the classroom’s Boxlight interactive display board funded by a pervious tech levy on Tuesday, March 19, 2024 in Marysville, Washington. (Olivia Vanni / The Herald)
Lakewood School District’s new levy pitch: This time, it won’t raise taxes

After two levies failed, the district went back to the drawing board, with one levy that would increase taxes and another that would not.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.