Sides argue access to firehouse report

With ex-firefighter Daniel Ross watching, a lawyer for the Spokane Firefighters Union asked a Superior Court judge Tuesday to withhold results of a City Hall investigation into Ross’ Feb. 10 sexual encounter with a 16-year-old girl in a North Side fire station.

On Feb. 14, The Spokesman-Review requested the city’s report – a document separate from an ongoing police investigation – under the state Open Public Records Act.

The city had finished its investigation and was about to release the report to the newspaper last week when Christian J. Phelps, the attorney representing Ross and firefighters Local 29, obtained a temporary restraining order to block the release.

The union is trying to keep the records confidential out of concern that their release would violate Ross’ rights under a union agreement with the city that guarantees the confidentiality of mandatory interviews in employee misconduct investigations.

Ross resigned March 8, the day before a scheduled disciplinary hearing.

“This is tantamount to trying Mr. Ross in the press,” Phelps said, asking Judge Kathleen O’Connor for a review of the city report in her chambers.

Arguing for the newspaper, attorney Tracy N. LeRoy said the Washington Supreme Court has affirmed repeatedly in cases involving the Spokane Police Guild and the State Superintendent of Public Instruction that the public’s right to know under the Public Records Act trumps promises of confidentiality in personnel proceedings by government agencies.

“There is no public interest more compelling than what public employees do on public time in a public building with a minor,” LeRoy said.

Attorney Milt Rowland, appearing for the city, sided with the newspaper. “The city’s position is these are public records” because they are writings that concern the conduct of local government and are maintained “by or for” the city of Spokane, Rowland said. “These documents were requested. … we did not see an applicable exemption.”

J. Scott Miller, an attorney representing the 16-year-old involved in the firehouse sex incident, asked O’Connor to remove all identifying information on her from the report before it is released.

The other attorneys said they’d already agreed to that provision.

O’Connor said she would review the city file and announce her ruling today at 9 a.m.