Peruta v. Freedom of Information Commission

CourtConnecticut Appellate Court
DecidedJune 9, 2015
DocketAC36436
StatusPublished

This text of Peruta v. Freedom of Information Commission (Peruta 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
Peruta v. Freedom of Information Commission, (Colo. Ct. App. 2015).

Opinion

****************************************************** The ‘‘officially released’’ date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ‘‘officially released’’ date appearing in the opinion. In no event will any such motions be accepted before the ‘‘officially released’’ date. All opinions are subject to modification and technical correction prior to official publication in the Connecti- cut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Con- necticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be repro- duced and distributed without the express written per- mission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** EDWARD A. PERUTA ET AL. v. FREEDOM OF INFORMATION COMMISSION (AC 36436) Alvord, Keller and Harper, Js. Argued March 3—officially released June 9, 2015

(Appeal from Superior Court, judicial district of New Britain, Cohn, J. [motion to intervene]; Prescott, J. [judgment].) Rachel M. Baird, with whom, on the brief, was Mitch- ell Lake, for the appellants (plaintiffs). Kathleen K. Ross, commission counsel, with whom, on the brief, was Colleen M. Murphy, general counsel, for the appellee (named defendant). Stephen R. Sarnoski, assistant attorney general, with whom, on the brief, was George Jepsen, attorney gen- eral, for the appellee (intervening defendant). Opinion

PER CURIAM. The plaintiffs, Edward A. Peruta1 and American News and Information Services, Inc., appeal from the judgment of the trial court affirming the deci- sion of the defendant Freedom of Information Commis- sion (commission) that dismissed the plaintiffs’ complaint. The plaintiffs had filed a complaint with the commission claiming that the Department of Emer- gency Services and Public Protection (department)2 improperly denied them access to information con- tained in pending applications for temporary state per- mits to carry pistols or revolvers. On appeal, the plaintiffs claim that the court erroneously construed General Statutes § 29-28 when it concluded that the names and addresses of those applicants were exempt from disclosure under the Freedom of Information Act (act), General Statutes § 1-200 et seq. We affirm the judgment of the trial court. The following factual and procedural background is relevant to our consideration of the plaintiffs’ claim on appeal. On January 4, 2012, the plaintiffs sent the department an e-mail requesting ‘‘[p]rompt [a]ccess to any and all computerized information ([n]ame and [t]own) regarding pending requests for State and National Criminal History Records checks that have yet to be submitted to the FBI CJIS for [p]ermit to [c]arry [p]istols or [r]evolvers by individuals who have not yet been issued or are not in possession of a [s]tate [p]ermit to [c]arry [p]istols or [r]evolvers. This request is for the name of the individual who is the subject of the request and the name of the submitting issuing authority only.’’ The department interpreted the plaintiffs’ communica- tion to be a request for the names and addresses of all pistol permit applicants whose applications were pending while state criminal background checks and federal fingerprint checks were being performed. The department provided the plaintiffs with a list of the requested records on January 18, 2012, but it redacted the applicants’ names and addresses. On January 20, 2012, Peruta filed a complaint with the commission challenging the redaction of the names and addresses of the individuals with pending permit applications. The commission held a contested case hearing on June 21, 2012. In its final decision dated November 14, 2012, the commission, referring to two of its previous decisions, concluded that the department did not violate the provisions of the act by redacting that information from the records and dismissed the plaintiff’s complaint. The plaintiffs appealed from the commission’s deci- sion by filing an administrative appeal with the Superior Court, claiming that the plain language of § 29-28 (d) compelled the conclusion that the legislature did not intend to exempt from disclosure the names of individu- als who had not yet received pistol permits. The parties filed their briefs, and the court heard oral argument on September 25, 2013. On November 7, 2013, the court issued its sixteen page memorandum of decision. After setting forth the issue and procedural history, the court provided a thorough analysis of the parties’ claims, the standard of review and the applicable statutory and case law. In its decision, the court concluded: ‘‘[T]he commission properly interpreted § 29-28 (d) to con- clude that the legislature intended to exempt from dis- closure the names and addresses contained on the pistol carry permit applications that were pending or had been approved. A contrary conclusion would frustrate the purpose and intent of the explicit exemption from dis- closure contained in § 29-28 (d). At the very least, the commission’s interpretation of the statute is reasonable and therefore, under the circumstances of this case, entitled to deference. Accordingly, the decision of the commission is affirmed.’’ This appeal followed. ‘‘This court reviews the trial court’s judgment pursu- ant to the Uniform Administrative Procedure Act (UAPA), General Statutes § 4-166 et seq. Under the UAPA, it is [not] the function . . . of this court to retry the case or to substitute its judgment for that of the administrative agency. . . . Even for conclusions 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. . . . [Thus] [c]onclusions 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.’’ (Citation omitted; internal quotation marks omitted.) Chairperson, Con- necticut Medical Examining Board v. Freedom of Information Commission, 310 Conn. 276, 281, 77 A.3d 121 (2013). ‘‘Cases that present pure questions of law, however, traditionally invoke a broader standard of review than ordinarily is involved in deciding whether, in light of the evidence, the agency has acted unreasonably, arbi- trarily, illegally or in abuse of its discretion. . . . We have determined, therefore, that we will defer to an agency’s interpretation of a statutory term only when that interpretation of the statute previously has been subjected to judicial scrutiny or to a governmental agency’s time-tested interpretation and is reasonable.’’ (Citation omitted.) Board of Selectmen v. Freedom of Information Commission, 294 Conn. 438, 446, 984 A.2d 748 (2010).

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Peruta v. Freedom of Information Commission, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peruta-v-freedom-of-information-commission-connappct-2015.