Bloomfield Education Ass'n v. Frahm

646 A.2d 247, 35 Conn. App. 384, 1994 Conn. App. LEXIS 304
CourtConnecticut Appellate Court
DecidedAugust 9, 1994
Docket12695
StatusPublished
Cited by7 cases

This text of 646 A.2d 247 (Bloomfield Education Ass'n v. Frahm) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bloomfield Education Ass'n v. Frahm, 646 A.2d 247, 35 Conn. App. 384, 1994 Conn. App. LEXIS 304 (Colo. Ct. App. 1994).

Opinion

Spear, J.

The plaintiff Bloomfield education association (BE A) appeals from the judgment affirming the order of the freedom of information commission (FOIC) requiring the Bloomfield superintendent of schools to provide the defendants1 Robert A. Frahm and the Hartford Courant with copies of grievances filed under a teachers’ employment contract. The issue on appeal is whether the filing of a grievance under a collective bargaining agreement constitutes a “record, report or statement of strategy or negotiations” and is therefore exempt from disclosure under General Statutes § 1-19 (b) (9).2 We conclude that such a grievance is not exempt and affirm the judgment of the trial court.

The trial court found the following facts. On December 12,1991, Frahm and the Hartford Courant requested [386]*386that the Bloomfield superintendent of schools forward copies of the applicable teachers’ employment contract as well as copies of all grievances filed alleging violations of such contract, except those grievances that pertained to teacher performance or evaluation.3 On December 30,1991, the superintendent provided a copy of the contract but notified the defendants that he would not forward the requested grievances unless the BEA consented.

On January 22,1992,4 Frahm and the Hartford Courant filed a complaint with the FOIC protesting the superintendent’s denial of access to the requested grievances. An FOIC hearing officer granted the BEA party status and heard the matter as a contested case on July 27,1992. The FOIC adopted the hearing officer’s report and rendered a final decision on November 23, 1992, ordering the superintendent to provide copies of the requested grievances to Frahm and the Hartford Courant. The FOIC found that the BEA had failed to prove that the requested grievances were exempt from disclosure pursuant to General Statutes § 1-19 (b) (9).5

The BEA appealed to the trial court, which upheld the FOIC’s determination that the requested grievances contained neither strategy nor negotiations with respect to collective bargaining. This appeal ensued. Judicial review of an appeal from the decision of an administrative agency is governed by the Uniform Administrative Procedure Act; General Statutes § 4-166 et seq.; “and the scope of that review is very restricted.” New Haven v. Freedom of Information Commission, 205 Conn. 767, 773, 535 A.2d 1297 (1988).

[387]*387General Statutes § 4-183 (j) permits modification or reversal of an agency’s decision only if “substantial rights of the person appealing have been prejudiced because the administrative findings, inferences, conclusions, or decisions are: (1) In violation of constitutional or statutory provisions; (2) in excess of the statutory authority of the agency; (3) made upon unlawful procedure; (4) affected by other error of law; (5) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (6) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.” (Emphasis added.)

In this appeal, we are asked to review the FOIC’s interpretation of the Freedom of Information Act. In accordance with judicial precedent, we will “give great deference to the construction given a statute by the agency charged with its enforcement.” Lieberman v. State Board of Labor Relations, 216 Conn. 253, 263, 579 A.2d 505 (1990); Crochiere v. Board of Education, 227 Conn. 333, 354, 630 A.2d 1027 (1993); Police Dept. v. State Board of Labor Relations, 225 Conn. 297, 300, 622 A.2d 1005 (1993); Anderson v. Ludgin, 175 Conn. 545, 555, 400 A.2d 712 (1978); Barent v. State, 33 Conn. App. 495, 499, 636 A.2d 392 (1994).

We have not previously decided whether a grievance is a record, report, or statement of strategy or negotiations under § 1-19 (b) (9). In Lieberman v. State Board of Labor Relations, supra, 216 Conn. 253, our Supreme Court rejected essentially the same argument that the BEA advocates in this case. The court decided in Lieberman that an employee’s personnel file did not constitute a record of strategy or negotiations. The court reasoned that “while the information contained within an employee’s personnel file may be the subject of bargaining, the subject standing alone reveals nothing [388]*388about the strategy or negotiation involved in the collective bargaining process.” Id., 266-67 n.10.

That reasoning also applies to grievance complaints. Although grievances may be the subject of collective bargaining, the mere filing of a grievance, standing alone, and containing limited information6 does not reveal any strategy or negotiations involved in the collective bargaining process. Section 1-19 (b) (9) does not exempt every record pertaining to collective bargaining from disclosure, only those that reveal strategy or negotiations.

The BE A cites the FOIC case of Radford v. Trumbull, Docket No. FIC 70-189 (May 20, 1980), for the proposition that documents that are part of the collective bargaining process are exempt from disclosure under § 1-19 (b) (9). In Radford, the FOIC held that preliminary considerations exchanged by the board of education and the teachers union at the onset of negotiations contained strategy and were therefore exempt. The exchange of preliminary considerations is distinguishable from the filing of a grievance. Preliminary considerations embody the negotiating posture of each side at the onset of negotiations, whereas the filing of a grievance is meant to convey only the preliminary information necessary to initiate the resolution process and involves no discussion regarding the proposed settlement of the complaint.

The FOIC decision to exclude the requested grievances from § 1-19 (b) (9) comports with the underlying policy of the Freedom of Information Act.7 That act [389]*389“expresses a strong legislative policy in favor of the open conduct of government and free public access to its records.” Lieberman v. State Board of Labor Relations, supra, 216 Conn. 266; Wilson v. Freedom of Information Commission, 181 Conn. 324, 328, 435 A.2d 353 (1980). The legislature in passing the Freedom of Information Act and the courts in interpreting the act have recognized that the right to disclosure is not absolute. Specific statutory exemptions have been provided. See Lieberman v. State Board of Labor Relations, supra, 266; Wilson v. Freedom of Information Commission, supra, 328; see also General Statutes § 1-19 (b). The courts have invariably held that these “exceptions must be narrowly construed.”

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Department of Lbr. v. Freedom of Info., No. Cv 93 070 46 80 (Oct. 12, 1994)
1994 Conn. Super. Ct. 10450 (Connecticut Superior Court, 1994)
Bloomfield Education Ass'n v. Frahm
648 A.2d 161 (Supreme Court of Connecticut, 1994)

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Bluebook (online)
646 A.2d 247, 35 Conn. App. 384, 1994 Conn. App. LEXIS 304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bloomfield-education-assn-v-frahm-connappct-1994.