Public-domain · open source
OpenJurist

351 So. 2d 353

Clark v. Walton

District Court of Appeal of Florida

Decided October 4, 1977

District Court of Appeal of Florida · decided 1977-10-04

Cited by 1 later decisions — most recently November 1977

1 state decisions

Relies on Warden v. Bennett

Good law ✅— No negative treatment on recordhow we know

Decided 1977-10-04

View the full empirical analysis of this case →

KANEY, FRANK N., Associate Judge.

¶1The Appellant, as City Clerk maintained custody and control of all documents and records of the City of Sunrise, Florida. The names and home addresses of all municipal employees were maintained only in personnel files and this information was also programmed into a computer used for payroll purposes.

¶2Appellee was a union organizer, who desired the names and home addresses of all city employees.

¶3Taking the position that even if these records were “Public records” they were privileged, Appellant offered to supply the names and business mailing addresses of the city’s employees.

¶4Finding this to be unacceptable, Appellee filed a Petition for Writ of Mandamus in the Circuit Court in and for Broward County seeking to compel the Appellant to provide the names and home addresses.

¶5After a hearing, the court entered a Final Judgment granting Pre-Emptory Writ of Mandamus.

¶6This appeal followed.

¶7We affirm.

¶8In the case of Warden v. Bennett, 340 So.2d 977 (Fla.2d DCA 1976), the Second District Court of Appeal faced the samé issue we face here, viz, whether a union organizer has the right to obtain the names and home addresses of employees of a public entity, which are contained in the personnel records of that public entity.

¶9In Warden, the Second District Court of Appeal said that the public entity was obligated by the Public Records Act to furnish the union organizer with the requested information.

¶10Following the lead of our sister court, we also hold that the public entity is obligated by the Public Records Act to furnish the requested information.

¶11AFFIRMED.

CROSS and DAUKSCH, JJ., concur.
/351/so2d/353 · .json · Public domain