Board of Pardons v. Freedom of Information Commission

563 A.2d 314, 19 Conn. App. 539, 1989 Conn. App. LEXIS 287
CourtConnecticut Appellate Court
DecidedAugust 29, 1989
Docket5498
StatusPublished
Cited by17 cases

This text of 563 A.2d 314 (Board of Pardons v. Freedom of Information Commission) 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
Board of Pardons v. Freedom of Information Commission, 563 A.2d 314, 19 Conn. App. 539, 1989 Conn. App. LEXIS 287 (Colo. Ct. App. 1989).

Opinion

Norcott, J.

This case is before us on remand from the Supreme Court. The defendant freedom of information commission (FOIC) appealed from the decision of the trial court reversing its order requiring the plaintiff board of pardons (board) to limit its deliberations in future executive sessions to very proscribed circumstances. The FOIC had determined that the records of prisoners applying for pardon are not exempt from disclosure and that the board had violated the Freedom of Information Act by considering such records in executive session.

On appeal, we reversed the judgment of the trial court on jurisdictional grounds, finding that the board was not aggrieved by an order of the FOIC requiring it to conduct future deliberations in public except under certain narrowly defined circumstances. Board of Pardons v. Freedom of Information Commission, 14 Conn. App. 380, 540 A.2d 1077 (1988). Our Supreme Court reversed, concluding that the board was aggrieved, and remanded the case for determination on the merits of the appeal. Board of Pardons v. Freedom of Information Commission, 210 Conn. 646, 556 A.2d 1020 (1989). The underlying facts of this case are fully set forth in our original opinion.

[541]*541On appeal, the FOIC claims that the trial court erred (1) in concluding that the FOIC based its decision on a misinterpretation of the law concerning prisoners’ rights to privacy, (2) in construing the FOIC’s order as requiring disclosure of all records considered by the board in its deliberations on prisoners’ applications for pardon, and (3) in exceeding the proper scope of judicial review. We find no error.

The trial court found that the FOIC had based its decision requiring the public disclosure of prisoners’ records considered by the board in executive session on the untenable proposition that prisoners have minimal privacy interests.1 We agree with the trial court.

General Statutes § 1-21 (a) authorizes a public agency, after meeting certain procedural requirements, to hold an executive session as defined in General Statutes § l-18a (e). That section defines an executive session as “a meeting of a public agency at which the public is excluded for one or more of the following purposes ... (5) discussion of any matter which would result in the disclosure of public records or the information contained therein described in subsection (b) of section 1-19.” General Statutes § 1-19 (b) provides in pertinent part that “[njothing in sections 1-15, l-18a, 1-19 to [542]*542l-19b, inclusive, and 1-21 to l-21k, inclusive, shall be construed to require the disclosure of . . . (2) personnel or medical files and similar files the disclosure of which would constitute an invasion of personal privacy.” The FOIC, in its final decision, found that the records examined during the course of the board’s April 5,1982 deliberations were “in the nature of personnel or medical and similar files” under General Statutes § 1-19 (b) (2), but that disclosure of those records would not constitute an invasion of personal privacy. The FOIC distinguished between consideration of material related to persons other than the prisoner-applicant, which it found was exempt from disclosure, and material relating solely to the prisoner-applicant, which it found not to be exempt from disclosure. The FOIC’s rationale for this distinction was that prisoner-applicant material was not protected from disclosure because “the privacy interests of prisoners are at best, minimal.” We find the FOIC’s analysis faulty.

We note that “[ljawful incarceration brings about the necessary withdrawal or limitation of many privileges and rights, a retraction justified by the considerations underlying our penal system.” Price v. Johnston, 334 U.S. 266, 285, 68 S. Ct. 1049, 92 L. Ed. 1356 (1948). Regarding the right of privacy implicated by government searches and seizures, the United States Supreme Court has held that the right “in traditional Fourth Amendment terms is fundamentally incompatible with the close and continual surveillance of inmates and their cells required to ensure institutional security and internal order.” (Emphasis added.) Hudson v. Palmer, 468 U.S. 517, 527-28, 104 S. Ct. 3194, 82 L. Ed. 2d 393 (1984). In curtailing certain rights of inmates, the United States Supreme Court has recognized that the very tense and potentially explosive nature of correctional institutions poses a constant threat to both inmates and correctional personnel alike. See Jones v. [543]*543North Carolina Prisoners’ Union, 433 U.S. 119, 132, 97 S. Ct. 2532, 53 L. Ed. 2d 629 (1977). Further, “central to all other corrections goals is the institutional consideration of internal security within the corrections facilities themselves.” Pell v. Procunier, 417 U.S. 817, 823, 94 S. Ct. 2800, 41 L. Ed. 2d 495 (1974).

The board argues that to protect a prisoner’s safety and the safety of correctional staff, whose job it is to supervise inmates, it is imperative that certain personal information concerning prisoners be kept from public disclosure. As examples of such information, the board and the trial court cited material disclosing an applicant’s “sexual vulnerability” and whether the applicant had served as an “informant” while incarcerated. Balanced against these legitimate penal interests is, as the FOIC contends, the legitimate public interest in the data relating to prisoners being considered for pardons. Although the FOIC analogizes the importance of access to the board’s deliberations to public access to a criminal trial, that analogy is not valid. The FOIC fails to recognize that the board’s deliberations are sensitive, complicated proceedings involving the strong interest of correction officials in maintaining safety and order in our prisons. “In deciding whether to grant a pardon or to commute a prison sentence, the board ‘depends not simply on objective factfinding, but also on purely subjective evaluations and on predictions of future behavior . . . .’ Connecticut Board of Pardons v. Dumschat, 452 U.S. 458, 464, 101 S. Ct. 2460, 69 L. Ed. 2d 158 (1981).” Board of Pardons v. Freedom of Information Commission, supra, 651.

A file on a prisoner-applicant for pardon is a full dossier of information such as the presentence investigation report, medical reports, psychiatric evaluations, prison work records and disciplinary reports and other sensitive information that might relate not only to the prisoner-applicant himself but to other inmates and cor[544]*544rectional staff as well. We cannot conceive of the board’s conducting its discussions of a prisoner’s application for pardon without implicating, in some respect, his relation to nonapplicant inmates, necessitating discussion of the records of nonapplicants. A certain amount of overlap is unavoidable during the board’s discussions.

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Bluebook (online)
563 A.2d 314, 19 Conn. App. 539, 1989 Conn. App. LEXIS 287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-pardons-v-freedom-of-information-commission-connappct-1989.