Billings Gazette v. City of Billings
313 P.3d 129
Mont.2013Background
- City of Billings appealed a district court order requiring unredacted release of investigative and disciplinary documents for five employees who were disciplined for inappropriate computer use.
- Gazette sought access under Montana Constitution Article II, Section 9 and § 2-6-102, MCA; City redacted identifying information and corrective action forms.
- District Court allowed disclosure of investigative documents with redactions for identifiers and ordered release of corrective action forms; City stayed judgment as to identifying information but not as to forms.
- Internal investigations occurred March–June 2012; five employees received five-day suspensions without pay after investigations into pornographic website access.
- Gazette sought declaratory relief and mandamus; City claimed privacy interests outweighed public right to know; court conducted in-camera review.
- Question presented: whether identifying information must be released; court also considered whether attorney fees should be awarded to Gazette.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether identifying information of disciplined employees must be released | Gazette argues right to know outweighs privacy | City asserts privacy interests trump disclosure | Privacy outweighed public right to know for identities |
| Whether Gazette is entitled to attorney fees | Gazette seeks fees under §2-3-221 and §27-8-313 | City opposes fees given outcome on issue 1 | Fees not awarded; issue 2 mooted by reversal |
Key Cases Cited
- Mont. Human Rights Div. v. City of Billings, 199 Mont. 434 (1982) (privacy vs. public right to know; employment records privacy)
- Missoulian v. Bd. of Regents of Higher Educ., 207 Mont. 513 (1984) (privacy vs. public disclosure; time/place/status factors)
- Great Falls Tribune v. Cascade County Sheriff, 238 Mont. 103 (1989) (privacy in law-enforcement misconduct; public trust)
- Bozeman Daily Chronicle v. Bozeman Police Dept., 260 Mont. 218 (1993) (privacy vs. public disclosure; misconduct by officer)
- Missoulian v. Bd. of Regents of Higher Educ., 207 Mont. 513 (1984) (reiterated three-step privacy/public disclosure test)
- Billings Gazette v. Billings, 2011 MT 293 (2011) (Due process letters; public disclosure of disciplinary information)