Records requester brought petition for writ of mandamus against insurer, a government self-insurance pool, seeking to require disclosure of documents under open records law.
The District Court granted petition. Insurer appealed and requester cross-appealed.
The Supreme Court held that:
- Requester’s amended petition related back to original petition and thus was timely;
- As a matter of apparent first impression, insurer was an “agency” of city and thus was a public entity subject to open records law;
- Past liability cannot form the basis for the “potential liability” exception to required disclosure under the open records law; and
- Trial court acted within its discretion in declining to award costs and fees to requester.