ADMINISTRATIVE LAW
Savannah Artusi
In Basey v. State, Department of Public Safety, the supreme court held that state employee disciplinary records are confidential and thus exempt from disclosure under the Alaska Public Records Act. After being convicted of federal crimes, Basey requested records related to his investigation, including disciplinary records for two Alaska State Troopers. Although the State initially denied these requests because they were related to an ongoing case, this argument was later rejected on appeal. On remand, the State claimed that the disciplinary records could not be produced because they were confidential personnel records under AS 39.25.080. Basey argued that the court should apply a timeliness rule similar to that required under the Freedom of Information Act and hold that the State had waived its right to assert this exemption by failing to raise it earlier. On appeal, the supreme court held that a timeliness rule did not apply here because the State’s disclosure denial was not discretionary, it was required by statute, so if the court were to apply such a rule it would be requiring the State to break the law. Alternatively, Basey argued that only records related to an employee’s personal life were protected from disclosure and that the purpose of the Alaska Public Records Act favors disclosure. The supreme court held that the “personnel records” category protected from disclosure under AS 39.25.080 should be interpreted broadly, aside from the few enumerated exceptions, and thus includes disciplinary records. Accordingly, the supreme court affirmed the lower court’s decision to deny Basey’s request to compel the disclosure of the Troopers’ disciplinary records.
