Facts
Sanchez was a high-ranking employee for the County, and considered a rising star. After it was discovered she was involved in a physical and romantic relationship with a labor union president she previously negotiated with, her supervisor insisted she resign. The parties entered into a written severance agreement, which provided neither side would disclose the facts and issues that gave rise to her resignation, unless required by applicable law. Newspaper articles then appeared detailing her resignation and relationship that quoted county representatives. Sanchez filed suit for breach of contract. The County filed a motion for summary judgment against the breach of contract because it had a duty to disclose Sanchez’s misconduct and therefore the confidentiality provision was void against public policy. The trial court granted the motion on the ground that the confidentiality provision was void against public policy. Sanchez appealed arguing the County had no duty to disclose the information and the severance agreement was not void against public policy.
Holding
Reversed. Under the Public Records Act, “every person has a right to inspect any public record.” However, where there is no request under the Public Records Act of a particular document, there is no duty to disclose the information, and the County was not required by law to disclose the information. Thus, the severance agreement preventing the disclosure of the information, except as may be required by applicable law is not void against public policy.