Stonewalled BY BOB YOUNG byoung@wweek.com Since early March, Willamette Week has been asking Tri-Met for the names of the drivers who provide disabled passengers with door-to-door transportation. During that time, Tri-Met has repeatedly denied requests for public records. It declined to provide drivers' names, would not disclose drivers' birth dates and refused to hand over copies of complaints against drivers. At every step, WW appealed, claiming the information was a matter of public record under Oregon's open-records law. And at every step, the Multnomah County district attorney--who acts as a referee in such disputes--has sided with WW, ruling that the records should be made public. Below are details of WW's public-records battle with Tri-Met: * On March 10, WW requests names of all Tri-Met drivers, including those in the LIFT and OMAP programs, along with their dates of birth. (The birth dates will allow WW to confirm which drivers have criminal records.) WW also asks for 1998 customer complaints against drivers for inappropriate behavior. Tri-Met says it will cost $1,192 to collect and copy the records. * On April 28, WW again asks for birth dates of drivers who serve disabled passengers for Tri-Met and customer complaints against those drivers. On May 4, Tri-Met denies both requests. The agency says the complaints can't be disclosed because of state and federal laws; it argues that supplying birth dates would "constitute an unreasonable invasion of privacy of our employees." (At other times Tri-Met has claimed that OMAP drivers are subcontractors and not Tri-Met employees.) * WW appeals to the district attorney on May 26, saying that drivers' birth dates should be public record under Oregon law. On June 8, the DA agrees with WW and orders Tri-Met to provide the information. * The next day, WW appeals Tri-Met's refusal to turn over complaints against medical-assistance drivers. Again, the DA agrees with WW and orders Tri-Met to provide the complaints. * On June 16, Tri-Met provides names and birth dates for medical-assistance drivers, but the list is incomplete. Tri-Met explains that it doesn't have a complete list of drivers on file and only has to turn over names it has already provided. It's not clear how many drivers are excluded from the list Tri-Met provides WW. * On June 18 Tri-Met agrees to supply 1998 and 1999 complaints against medical-assistance drivers if WW pays $249. WW agrees and receives complaints. As of press time, WW is still reviewing the complaints.   Editor's Note: To see how other public agencies responded to similar requests, WW asked Portland Public Schools for a list of cab drivers certified to transport the school district's special-education students, along with copies of complaints against those drivers. The request was submitted on April 28, and the school district provided the information free of charge on May 3.   - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Willamette Week | originally published June 23, 1999