¶ 1 David Koenig appeals from the trial court's order denying his request for costs and attorney fees under former RCW 42.56.550(4) (2005). Koenig originally filed a request for records under the Public Records Act (PRA), ch. 42.56 RCW, with the City of Lakewood (City); the City's response to the request included some documents with driver's license numbers redacted. After Koenig refused to confirm that the City had complied with his request, the City sued for declaratory judgment. The trial court granted summary judgment in favor of the City and denied Koenig's request for costs and attorney fees. In this appeal, Koenig argues that because the City's response was deficient, he is entitled to costs and attorney fees regardless of whether the driver's license numbers are exempt. We hold that Koenig is entitled to costs and attorney fees because the City failed to provide Koenig with a brief explanation of the basis for not providing the records requested and thereby violated RCW 42.56.210(3) (the "brief explanation" requirement). Accordingly, we reverse the trial court's denial of Koenig's attorney fee request and remand for entry of an award of attorney fees in accord with this opinion. Former RCW 42.56.550(4).
¶ 2 On October 6, 2007, Koenig submitted three public records requests to the City. The first request included "all records about the arrest and prosecution of a Lakewood Police Detective." Clerk's Papers (CP) at 10. Koenig's second request included "all records about the arrest and prosecution of a Tacoma Police Officer by the name of Michael Justice." CP at 12. The third request included "all records about an auto accident that occurred in the City of Fife." CP at 14.
¶ 3 The City responded to Koenig's request on November 30, 2007. The City's response included a list of all the withheld documents and any redactions in the documents produced. In the records pertaining to the Lakewood detective's arrest, the City redacted the detective's driver's license number. In its response to Koenig's request, the City also stated,
CP at 77. In the records pertaining to the Tacoma police officer's arrest, the City redacted the Tacoma police officer's driver's license number. In the records pertaining to the Fife accident, the City redacted the "driver's license numbers ... of (1) the involved officer; (2) the alleged victim; and (3) the listed eyewitnesses." CP at 76.
¶ 4 On March 5, 2008, the City filed a declaratory judgment action in Pierce County Superior Court. The City sought an order declaring that it had fully complied with Koenig's public records requests.
¶ 5 Koenig argues that because the City failed to provide an adequate explanation
¶ 6 Here, we must determine whether the City violated the plain language of RCW 42.56.210(3) by failing to provide a brief explanation for the redactions contained in the response to Koenig's public records request. We hold that it did. Furthermore, we must determine whether Koenig is entitled to costs and attorney fees based on the City's violation of the brief explanation requirement. We hold that he is.
¶ 7 Our objective in interpreting a statute is to carry out the legislature's intent. Sprint Spectrum, LP v. Dep't of Revenue, 174 Wn.App. 645, 658, 302 P.3d 1280 (2013) (citing Lake v. Woodcreek Homeowners Ass'n, 169 Wn.2d 516, 526, 243 P.3d 1283 (2010)). We begin with the statute's plain meaning. Sprint, 174 Wash.App. at 645, 302 P.3d 1280 (citing Lake, 169 Wash.2d at 526, 243 P.3d 1283). "We discern the plain meaning from the ordinary meaning of the language at issue, the statute's context, related provisions, and the statutory scheme as a whole." Sprint, 1A Wn. App. at 658 (citing Lake, 169 Wash.2d at 526, 243 P.3d 1283). When a statute's language is unambiguous, we determine the legislature's intent from the plain language of the statute alone. Sprint, 174 Wash.App. at 658, 302 P.3d 1280 (citing Waste Mgmt. of Seattle, Inc. v. Util. & Transp. Comm'n, 123 Wn.2d 621, 629, 869 P.2d 1034 (1994)).
¶ 8 The PRA's brief explanation requirement provides that an agency response to a PRA request "include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld." RCW 42.56.210(3). A statement that is limited to identifying the information that is withheld and baldly citing a statutory exemption violates the brief explanation requirement. Sanders, 169 Wash.2d at 845-46, 240 P.3d 120. Here, the City's response to Koenig's PRA request as it related to the driver's license numbers stated,
CP at 75-76. The City did no more than identify the information that was withheld and cite the statutes that it believed exempted the information. The City's response violated the brief explanation requirement in RCW 42.56.210(3). Sanders, 169 Wash.2d at 845-46, 240 P.3d 120; RCW 42.56.210(3).
¶ 9 Because the City violated the brief explanation requirement, the plain language of former RCW 42.56.550(4) mandates an award of costs and attorney fees to Koenig. Former RCW 42.56.550(4) states,
Our Supreme Court recognized the difference between costs and attorney fees referenced in the statute's first sentence and penalties referenced in the second sentence. Sanders, 169 Wash.2d at 860, 240 P.3d 120. A prevailing party is entitled to costs and attorney fees "for vindicating `the right to inspect or copy' or `the right to receive a response.'" Sanders, 169 Wash.2d at 860, 240 P.3d 120 (emphasis added) (quoting RCW 42.56.550(4)).
¶ 10 As we explained above, an adequate response to a public records request must include a brief explanation of how the claimed exemption applies. We hold that the City failed to comply with the brief explanation requirement and Koenig prevails on this issue. Under former RCW 42.56.550(4), Koenig was entitled to costs and attorney fees when the City violated the brief explanation requirement. Therefore, the trial court erred by denying Koenig's request for costs and attorney fees. Accordingly, Koenig is entitled to an award of reasonable attorney fees, including fees on appeal, pursuant to former RCW 42.56.550(4) and RAP 18.1.
¶ 11 We reverse the trial court's denial of Koenig's attorney fee request and remand for entry of an award of attorney fees in accord with this opinion.
We concur: Hunt, J., JOHANSON, A.C.J.
The legislature has acknowledged that disclosure of such personal identifying information can be harmful to private citizens. See ch. 9.35 RCW. In other statutes, the legislature has recognized that driver's license numbers are personal identifying information needing protection from public disclosure to guard against harm to private citizens, such as identity theft. See, e.g., RCW 42.56.590(5)(b), (6); RCW 19.215.005. However, it has not yet expressly provided a specific provision for the exemption of personal identifying information in the PRA.
The PRA exists to ensure government transparency and accountability. RCW 42.56.030. Allowing the release of a private citizen's personal identifying information exposes private citizens to the risk of harm such as identity theft without furthering this purpose. See Tacoma Pub. Library, 90 Wash.App. at 221-22, 951 P.2d 357, 972 P.2d 932 (disclosure of personal identifying information can be highly offensive because it "could lead to public scrutiny of individuals concerning information unrelated to any governmental operation"). The legislature has expressed obvious concern over the release of personal identifying information and recognized that the release of personal identifying information serves no legitimate purpose under the PRA. Accordingly, we believe that the failure to include an express PRA exemption that impedes the crime of identity theft and protects the release of personal identifying information appears to be an unfortunate oversight but that it is up to the legislature not the courts, to address.