Alaska Employment Law

In a civil rights claim against a former Alaska State Trooper for excessive force, Judge John Sedwick has ordered the defendant to produce the ex-employee’s personnel files and “any reports, grievances, complaints, evaluations by supervisors, filed training officer evaluations, training note evaluations, and any other such document . . ..”  Sedwick also assessed attorney fees (amount yet to be determined) for the plaintiffs’ motion to compel.

In granting the motion, Sedwick rejected the ex-employee’s defenses that production was barred by the prohibition against “public inspection” of state employee personnel files in the state Personnel Act (AS 39.25.080(a)), relying on the public policy of free access to public records (ala Jones v. Jennings), and upon the fact that the plaintiffs sought not “public inspection” but an in camera inspection” with a protective order.  

Sedwick also rejected the ex-Trooper’s reliance on the state constitution’s privacy provision, quoting Jones v. Jennings to the effect that “[t]here is perhaps no more compelling justification for public access to documents regarding citizen complaints against police officers than preserving democratic values and fostering the public’s trust in those charged with enforcing the law.” 

Porter v. Osborn, 3:05-cv-00142 (D.Alaska Order and Opinion Aug. 4, 2009)