Many of us were shocked and disturbed at the recent state supreme court ruling that our birthdates must be available to anyone who files a public disclosure request.
Fortunately, we have been able to secure a temporary restraining order (TRO) to freeze the release of this sensitive information. This order was needed in order to provide us the opportunity to ensure all public employees represented by our union have the information they need to protect themselves, their families, and their co-workers.
We want to make all state employees aware of the limited protections currently available to protect your personal information from being released.
Public employees (and/or their families) who have been victims of sexual assault, stalking, and/or domestic violence, or have a court issued temporary protection order or anti-harassment order (not limited to domestic violence) have the right to keep their information private based on language in our current TRO.
If this applies to you, please use the template below to send a confidential email to [email protected] using your personal email, and we will assist you in protecting your information from being released to the public. Do not reply with your work email if you wish to maintain confidentiality.
The Temporary Restraining Order
We were successful in obtaining a temporary restraining order (TRO) to temporarily halt the release of this massive amount of sensitive personal information. The order provides us the opportunity to ensure all public employees represented by our union have the information they need to protect themselves, their families, and their co-workers.
You may be able to claim an exemption based on the following language in the TRO:
(a) A police report indicating that the employee or employee's family member was a victim of domestic violence, sexual assault, or stalking;
(b) A court order protecting or separating the employee or employee's family member from the perpetrator of the act of domestic violence, sexual assault, or stalking, or other evidence from the court or the prosecuting attorney that the employee or employee's family member appeared, or is scheduled to appear, in court in connection with an incident of domestic violence, sexual assault, or stalking;
(c) Documentation that the employee or the employees family member is a victim of domestic violence, sexual assault, or stalking, from any of the following persons from whom the employee or employee's family member sought assistance in addressing the domestic violence, sexual assault, or stalking: An advocate for victims of domestic violence, sexual assault, or stalking; an attorney; a member of the clergy; or a medical or other professional. The provision of documentation under this section does not waive or diminish the confidential or privileged nature of communications between a victim of domestic violence, sexual assault, or stalking with one or more of the individuals named in this subsection (4)(c) pursuant to RCW 5.60.060, 70.123.075, 70.123.076, or 70.125.065; or
(d) An employee's written statement that the employee or the employee's family member is a victim of domestic violence, sexual assault, or stalking and that the leave taken was for one of the purposes described in RCW 49.76.030 or the safety accommodation requested pursuant to RCW 49.76.115 is to protect the employee from domestic violence, sexual assault, or stalking, or
(e) A court issued temporary protection order or anti-harassment order.
Assistance Claiming an Exemption
Please complete the template below and email it to [email protected] as soon as possible.
I, [insert first and last name ] am eligible for an exemption based on [insert a, b, c, d, e, as applicable from the criteria listed in the TRO].
I am a public employee working at [name of employer/institution/agency ], and I wish to keep my identity and work location private for my safety, and the safety of my family and co-workers.
I have attached [insert type of applicable document(s), such as police report, counselor statement; address confidentiality program enrollment; safety plan; court order; etc] to Washington Federation of State Employees/AFSCME Council 28, via this confidential email.
This template should be emailed to [email protected] as soon as possible.
For more information, visit Update: Restraining Order Halting Birthdate Disclosure Extended.
If you have questions or need assistance, you may call our Member Connection Center (MCC) Monday-Friday 8:00am-6:00pm at 1-833-MCC-WFSE (1-833-622-9373) or by email at [email protected].
