Union Leader Corp. v. City of Nashua

686 A.2d 310, 141 N.H. 473, 25 Media L. Rep. (BNA) 1375, 1996 N.H. LEXIS 127
CourtSupreme Court of New Hampshire
DecidedDecember 5, 1996
DocketNo. 95-185
StatusPublished
Cited by20 cases

This text of 686 A.2d 310 (Union Leader Corp. v. City of Nashua) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Union Leader Corp. v. City of Nashua, 686 A.2d 310, 141 N.H. 473, 25 Media L. Rep. (BNA) 1375, 1996 N.H. LEXIS 127 (N.H. 1996).

Opinion

Brock, C.J.

The plaintiff, Union Leader Corporation, appeals the Superior Court {Hampsey, J.) denial of its petition for information under RSA chapter 91-A, New Hampshire’s Right-to-Know Law. We vacate and remand.

The following facts are not in dispute. In 1994, a Nashua police officer arrested Alan H. Rudman and charged him with aggravated driving while intoxicated. See RSA 265:82-a, I (1993). The city prosecutor later entered nolle prosequi on this charge, and Rudman pleaded guilty to a charge of speeding. In its report to the attorney general, see RSA 265:82-c, II (Supp. 1996), the city explained the reduction in charge in this way: “Reduced due to defendant observed to have no impairment on video, no breath test, no field sobriety tests within the Nashua Police Department.”

The plaintiff sought disclosure of three items in Rudman’s police file under the Right-to-Know Law: a copy of the transcript of the arresting officer’s deposition, the officer’s narrative arrest report, and a videotape of Rudman taken during his arrest. In its petition, the plaintiff asserted that “the City has reduced and/or dismissed a seemingly disproportionate number of driving while intoxicated cases,” and that the information sought was “public information relating to the business and operation of both a law enforcement agency and a district court.” The city refused access to the items, asserting that the records were exempt from the Right-to-Know Law because releasing the records “would constitute an unwarranted invasion of Mr. Rudman’s privacy, which is a legitimate ground for not releasing it” under the decision in Lodge v. Knowlton, 118 N.H. 574, 576, 391 A.2d 893, 895 (1978). See RSA 91-A:5, IV (1990) (amended 1995).

The trial court reviewed the evidence in camera, without a record or the presence of counsel. After a hearing at which no record was requested, the court found

that the plaintiff’s asserted reason for seeking disclosure, to investigate the seemingly disproportionate number of plea bargains or dismissals of DWI cases, is outweighed by [475]*475Rudman’s interest in privacy. The plaintiff’s justification, in light of the fact that it only seeks the records for a single arrestee, is dubious at best, and therefore, the court concludes that disclosure would constitute an unwarranted invasion of Rudman’s privacy.

The plaintiff appealed, arguing that the superior court erred in conducting its in camera inspection outside the presence of counsel and in concluding that disclosure of the information would constitute an unwarranted invasion of Rudman’s privacy.

Our Right-to-Know Law does not provide explicitly for treatment of requests for police investigative files, although it does provide that material shall be exempt from disclosure under the law if “disclosure would constitute [an] invasion of privacy.” RSA 91-A:5, IV In Lodge, we adopted the six-prong test included in the federal Freedom of Information Act, see 5 U.S.C. § 552(b)(7) (1982) (amended 1986) (FOIA), to guide courts in evaluating requests for access to police investigative files. Lodge, 118 N.H. at 577, 391 A.2d at 895. One exemption in the Lodge list is for “investigatory records compiled for law enforcement purposes, but only to the extent that the production of such records would . . . constitute an unwarranted invasion of privacy.” Id. at 576, 391 A.2d at 895 (quotation omitted). This language in Lodge offers no assistance beyond the language of the statutory exemption itself; accordingly, when an exemption is claimed on privacy grounds, we need only decide whether disclosure of the information “would constitute [an] invasion of privacy” within the meaning of RSA 91-A:5, IV See U.S. Dept. of Justice v. Reporters Committee, 489 U.S. 749, 771 (1989) (discussing when an invasion of privacy may be “warranted”).

“The interpretation of a statute is to be decided ultimately by this court.” Petition of Walker, 138 N.H. 471, 474, 641 A.2d 1021, 1024 (1994). The ordinary rules of statutory construction apply to our review of the Right-to-Know Law, and we accordingly look to the plain meaning of the words used. See Appeal of Astro Spectacular, 138 N.H. 298, 300, 639 A.2d 249, 250 (1994); Union Leader Corp. v. Fenniman, 136 N.H. 624, 626, 620 A.2d 1039, 1040 (1993). To advance the purposes of the Right-to-Know Law, we construe provisions favoring disclosure broadly and exemptions narrowly. See, e.g., Fenniman, 136 N.H. at 626, 620 A.2d at 1040; Herron v. Northwood, 111 N.H. 324, 326, 282 A.2d 661, 663 (1971).

When we review exemptions from the Right-to-Know Law, we balance the public interest in disclosure of the requested information against the government interest in nondisclosure, and in privacy exemption cases, the individual’s privacy interest in nondis[476]*476closure. See, e.g., Chambers v. Gregg, 135 N.H. 478, 481, 606 A.2d 811, 813 (1992); Mans v. Lebanon School Bd., 112 N.H. 160, 162, 290 A.2d 866, 867 (1972). When the exemption is claimed on the ground that disclosure would constitute an invasion of privacy, we examine the nature of the requested document or material and its relationship to the basic purpose of the Right-to-Know Law. In the absence of disputed facts, we review the trial court’s balancing of the public’s interest in disclosure and the interests in nondisclosure de novo. See Chambers, 135 N.H. at 481, 606 A.2d at 813; Mans, 112 N.H. at 162-63, 290 A.2d at 867; cf. Detroit Free Press, Inc. v. Department of Justice, 73 F.3d 93, 95 (6th Cir. 1996) (explicitly providing for de novo review for summary judgment in FOIA case).

The legislature has provided the weight to be given one side of the balance, declaring the purpose of the Right-to-Know Law in this way: “Openness in the conduct of public business is essential to a democratic society. The purpose of this chapter is to ensure both the greatest possible public access to the actions, discussions and records of all public bodies, and their accountability to the people.” RSA 91-A:1 (1990); see Carter v. Nashua, 113 N.H. 407, 416, 308 A.2d 847, 853 (1973); see also N.H. Const. pt. I, art. 8. In other words, the purpose is to provide the utmost information to the public about what its “government is up to.” EPA v. Mink, 410 U.S. 73, 105 (1973) (Douglas, J., dissenting) (quotation omitted); see Lodge, 118 N.H. at 577, 391 A.2d at 895.

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Bluebook (online)
686 A.2d 310, 141 N.H. 473, 25 Media L. Rep. (BNA) 1375, 1996 N.H. LEXIS 127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/union-leader-corp-v-city-of-nashua-nh-1996.