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Tempe told to open its pay records

Mike Walbert The Arizona Republic Dec. 9, 2004 12:00 AM

TEMPE - A Maricopa County Superior Court judge has ordered Tempe to disclose employee salaries.

In a Nov. 29 decision, Judge Michael D. Jones wrote that Tempe's public-employee salary information is not exempt from disclosure requirements of the Arizona Public Records Law and the city erred by refusing to release the information to The Arizona Republic.

Phoenix Newspapers Inc. had filed a special-action lawsuit Aug. 27 against Tempe requesting access to the payroll records.

The information must be disclosed within 10 days, according to the ruling. PNI was also awarded attorney fees and costs.

"The court's ruling confirms the public's right to inspect basic information concerning how their tax dollars are spent by the city of Tempe," said David J. Bodney, attorney for PNI. "Citizens shouldn't be given the runaround."

Tempe Mayor Hugh Hallman said the city wanted to do everything it could to protect the privacy rights of its employees. The city may consider an appeal "if appropriate," Hallman said.

According to court documents, PNI submitted a public-records request on June 15 seeking names, departments, titles and salaries of city employees for 2003 and 2004. Tempe had submitted similar information to PNI twice previously.

PNI was informed June 28 that its request was denied. Instead, the city offered only to release salaries of more than $100,000 or a "range of salaries," court records said.

City Attorney Marlene Pontrelli did not return calls seeking comment.