Billings Gazette v. City of Billings
267 P.3d 11
Mont.2011Background
- In 2010, Billings Police Dept internal investigation examined alleged improper use of a police department credit card by Deanna Anthony.
- Anthony received a 16-page due process letter detailing the investigation; she resigned before a due process hearing occurred.
- Gazette sought the due process letter under Montana's right to know; City denied citing ongoing criminal investigation and privacy concerns.
- District Court granted Gazette declaratory relief to release the letter; City appealed and a stay was issued.
- Court applied a two-prong privacy/publicity test: (1) whether Anthony had a privacy expectation; (2) whether society would recognize that expectation as reasonable; and (3) whether the public's right to know outweighed privacy.
- Court remanded to lift the stay and release the due process letter with third-party redactions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Public release of the due process letter is appropriate | Gazette: letter is a public document | City: privacy outweighs public right to know | Yes; release required with redactions to third parties |
| Anthony's privacy expectation in the due process letter | Anthony had no privacy due to position of trust | Anthony had a privacy interest despite trust position | No reasonable privacy expectation found for Anthony |
| Impact of ongoing criminal investigation on disclosure | Disclosure should not be barred by potential prosecution | Disclosure could jeopardize prosecutions and Garrity warnings | Ongoing criminal investigation does not bar release; Garrity does not override public access |
Key Cases Cited
- Bozeman Daily Chronicle v. City of Bozeman Police Dept., 859 P.2d 435 (Mont. 1993) (privacy balancing in public records)
- Missoulian v. Board of Regents, 675 P.2d 962 (Mont. 1984) (two-prong test; privacy in employment evaluations)
- Great Falls Tribune Co. v. Cascade Cty. Sheriff, 775 P.2d 1267 (Mont. 1989) (positions of public trust; access to officer identities)
- Yellowstone County v. Billings Gazette, 143 P.3d 135 (Mont. 2006) (public documents; position of public trust; balancing)
- Montana Human Rights Div. v. Billings, 649 P.2d 1283 (Mont. 1982) (privacy in personnel records; two-prong test)
- Missoulian v. Board of Regents, 675 P.2d 962 (Mont. 1984) (confidentiality of evaluations; public disclosure impact)