Arizona pension system sues state

PHOENIX — The Arizona Public Safety Personnel Retirement System has sued the state Department of Administration to stop the release of public records containing employee sexual harassment allegations.

The state pension system for public safety personnel filed the lawsuit Thursday after the administration department had planned to release unredacted records to the Arizona Republic, the newspaper reported. The Republic requested all legal claims filed against fired department administrator Jared Smout and other staff as well as complaints filed against interim director Bret Parke.

The Republic made the requests after the state pension system fired Smout, who admitted to state investigators that he sexually harassed an employee for about a year, the newspaper reported.

The lawsuit calls for a judge to order the state to black out the names of two suspected abuse survivors who are current employees, and any member of the staff who could be implicated in unreviewed allegations of sexual harassment, agency officials said.

The Department of Administration is refusing to do that, officials said. Arizona court cases have determined that public agencies cannot withhold public records upon the belief it might cause embarrassment.

“The joint-action lawsuit is simple. It’s to protect the privacy of current PSPRS employees and allow employees to pursue their claims, which are very detailed and very personal, without adding to their emotional distress,” said Will Buividas, a Phoenix police officer and agency board chairman.

The state pension system filed the lawsuit without approval from its legal counsel, state Attorney General Mark Brnovich, which the agency is now seeking, officials said.