City of Hartford v. Freedom of Information Commission

674 A.2d 462, 41 Conn. App. 67, 1996 Conn. App. LEXIS 191
CourtConnecticut Appellate Court
DecidedApril 16, 1996
Docket14074
StatusPublished
Cited by21 cases

This text of 674 A.2d 462 (City of Hartford 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
City of Hartford v. Freedom of Information Commission, 674 A.2d 462, 41 Conn. App. 67, 1996 Conn. App. LEXIS 191 (Colo. Ct. App. 1996).

Opinion

LANDAU, J.

This is an appeal by the defendant freedom of information commission (commission) and a cross appeal by the city of Hartford1 from the judgment of the trial court sustaining in part and dismissing in part the city’s appeal from the decision of the commis[69]*69sion. On appeal, the commission claims that the trial court improperly (1) failed to apply the appropriate standard of judicial review, and (2) concluded that General Statutes § 1-19 (b) (7)2 exempts from disclosure responses submitted by construction management companies to the city’s requests for proposals (RFP).

In the cross appeal, the city claims that the trial court improperly (1) failed to rule that, because the provisions of the Freedom of Information Act (act) requiring disclosure of public records are subordinate to other state statutes that authorize an agency not to disclose information that otherwise might be subject to the act, the responses to the RFP were exempt from disclosure by virtue of certain provisions in the Hartford city charter, which is a special act of the legislature, and (2) concluded that the evaluations of the submitted proposals were not exempt from disclosure pursuant to § 1-19 (b) (7). The sole issue raised by the cross appellee, the Hartford Courant, is whether the Hartford city charter is a state statute within the meaning of § 1-19 (a).

The following facts are not in dispute. In November, 1990, the Hartford electorate approved a $21 million bond project to finance the renovation and expansion of the Moylan elementary school. In a later referendum, the electorate also approved a five to ten year $200 million school construction project. Because of the magnitude of the project and the extensive construction work involved, the city manager, Howard J. Stanback, proposed the employment of a construction manager to oversee the project.

[70]*70In October, 1992, seeking to test the construction manager strategy, the city issued a RFP.3 Ten firms responded to the RFP by submitting proposal applications. In accordance with the Hartford city charter, an eight member advisory panel was selected to assist Stanback in the procurement process. Each panel member completed proposal evaluations for each of the ten applicants. The panel submitted the names of the top three firms to Stanback in January, 1993. One firm was chosen and submitted to the Hartford city council for approval. After that firm was rejected, a second firm was approved. On June 26, 1993, the city contracted with the prevailing party.

In March, 1993, the Hartford Courant made a written request to the city, under the act, seeking to inspect and copy the files containing the ten responses to the RFP and the evaluations. The city denied the request claiming that the records were not required to be disclosed under the act during the RFP procurement process. The Hartford Courant filed a complaint with the commission. At the commission hearing, which took [71]*71place in July, 1993, after the procurement process had been completed, the city provided the Hartford Courant with access to all of the requested documents.

Nevertheless, the commission rendered a decision on the issue of whether the city’s release of the requested files satisfied the promptness requirements of General Statutes §§ 1-15 (a) and 1-19 (a). The city contended that the records at issue were exempt from disclosure during the procurement process under § 1-19 (b) (7) of the act because they were feasibility estimates. The commission, however, concluded that the act “does not exempt from public disclosure the applications provided in response to an agency’s [RFP] for construction management services, or the agency’s evaluations of such applications.” The commission concluded further that “in the absence of a state statute that permits the confidentiality of what amounts to bid documents and the evaluations thereof, the [city] violated §§ 1-15 and 1-19 (a) [of the General Statutes] when it failed to provide prompt access to inspect the records requested.”

The city appealed from the commission’s decision. The trial court rendered judgment sustaining the appeal regarding the responses to the RFP and dismissing the appeal regarding the evaluations. This appeal and cross appeal followed.

I

THE APPEAL

The commission claims that the trial court failed to exercise appropriate judicial restraint in applying the suitable standard of judicial review set forth in General Statutes § 4-183 Q)4 when it sustained the administrative [72]*72appeal regarding the responses to the city’s RFP. The commission argues that, because its action was supported by substantial and competent evidence on the whole record, the trial court should have upheld its decision. The city, however, asserts that the trial court’s review was proper because the commission’s decision was affected by an error in statutory construction, which is a question of law and a matter for the courts. Specifically, the city argues that the trial court properly determined that the responses to the RFP and the evaluations fall within the definition of “engineering or feasibility estimates and evaluations”5 and, thus, are exempt from disclosure under § 1-19 (b) (7).

“Judicial review of [an administrative agency’s] action is governed by the Uniform Administrative Procedure Act (General Statutes, c. 54, §§ 4-166 through 4-189), and the scope of that review is very restricted. . . . Neither this court nor the trial court may retry the case or substitute its own judgment for that of the defendant.” (Citations omitted; internal quotation marks omitted.) New Haven v. Freedom of Information Commission, 205 Conn. 767, 773, 535 A.2d 1297 (1988). “Even as to questions of law, [t]he court’s ultimate duty is only to decide whether, in light of the evidence, the [agency] has acted unreasonably, arbitrarily, illegally, or in abuse of its discretion. . . . Conclusions of law reached by the administrative agency must stand if the court determines that they resulted from a correct application of the law to the facts found and could reasonably and logically follow from such facts. . . . [Id., 774.] Although the interpretation of statutes is ultimately a question of law ... it is the well established practice of this court to accord great deference to the construction given [a] statute by the agency charged with its [73]*73enforcement. . . . Griffin Hospital v. Commission on Hospitals & Health Care, 200 Conn. 489, 496, 512 A.2d 199, appeal dismissed, 479 U.S. 1023, 107 S. Ct. 781, 93 L. Ed. 2d 819 (1986); see also New Haven v. Freedom of Information Commission, supra, 773-74; Wilson v. Freedom of Information Commission, 181 Conn. 324, 342-43, 435 A.2d 353 (1980). . . . Perkins v. Freedom of Information Commission, [228 Conn. 158, 164-65, 635 A.2d 783 (1993)].” (Internal quotation marks omitted.) Connecticut Alcohol & Drug Abuse Commission v.

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674 A.2d 462, 41 Conn. App. 67, 1996 Conn. App. LEXIS 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-hartford-v-freedom-of-information-commission-connappct-1996.