Waterbury Teachers Ass'n v. Freedom of Information Commission

682 A.2d 125, 42 Conn. App. 700, 1996 Conn. App. LEXIS 446
CourtConnecticut Appellate Court
DecidedAugust 27, 1996
Docket14936; 14937; 14938
StatusPublished
Cited by7 cases

This text of 682 A.2d 125 (Waterbury Teachers Ass'n 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
Waterbury Teachers Ass'n v. Freedom of Information Commission, 682 A.2d 125, 42 Conn. App. 700, 1996 Conn. App. LEXIS 446 (Colo. Ct. App. 1996).

Opinion

FOTI, J.

The defendants, Marc S. Ryan, James B. Craig, the Waterbury Republican-American and the Freedom of Information Commission (commission), appeal from the judgment of the trial court sustaining the appeals of the plaintiff Waterbury Teachers Association (union) from decisions of the commission.1 On appeal, the defendants claim that the trial court (1) failed to accord proper deference to the decisions of the commission by substituting its own judgment in interpreting the Freedom of Information Act (FOIA), and (2) improperly concluded that the grievance hearings fell within the exclusionary provisions of General Statutes § l-18a (b).2 We affirm the judgments of the trial court.

[702]*702The record reveals the following relevant facts. The union is designated as the exclusive representative of the teachers of the Waterbury board of education (board) within the meaning of General Statutes § 10-153a.* *3 Pursuant to the collective bargaining agreement between the board and the union, the union may file grievances on behalf of its teacher members against the board for any alleged violations of the agreement. At the time the hearings at issue were conducted, the defendants Ryan and Craig were members of the staff of the defendant newspaper, the Waterbury Republican-American.4

The first appeal to the trial court arose from the following facts. On April 29 and May 6, 1992, the board conducted hearings on grievances brought by the union. On May 26,1992, Ryan, Craig and the Waterbury Republican-American filed a complaint with the commission, alleging that the grievance hearings were held without adequate notice and that members of the newspaper’s staff were wrongfully denied access to the meetings in violation of the FOIA.

On April 28, 1993, the commission ruled that the hearings conducted by the board’s committee on grievances were subject to the open meeting provisions of the FOIA,5 and that, by not providing notice and not [703]*703permitting the newspaper’s staff members to attend the hearings, the union and the board had violated the FOIA. The union appealed to the trial court from the commission’s decision pursuant to §§ l-21i (b)* *6 and 4-183 (a).7

The second appeal arose from grievance hearings held on December 15, 1993, while the union’s appeal was pending in the trial court. The board and the union again did not provide notice of the meetings and denied Ryan, Craig and the Waterbury Republican-American the opportunity to attend the meetings. On January 28, 1994, Ryan, Craig and the Waterbury Republican-American filed a second complaint with the commission. The commission, on the basis of its decision on the earlier complaint, ruled that the board and the union had violated the FOIA.8 The union appealed that decision to the trial court.

On March 24,1995, the trial court ordered the appeals consolidated. On June 8, 1995, the trial court found in [704]*704favor of the union. The trial court held that the proceedings were not “meetings” as the term is used in the FOIA, but instead, were “negotiations with respect to a collective bargaining agreement,” a recognized exception, pursuant to § l-18a (b), to the mandate of open meetings set forth in § 1-21. On the basis of that finding, the trial court determined that the grievance hearings were exempt from the public access provisions of the FOIA.

The dispositive issues on appeal are whether the trial court exercised proper deference with respect to the commission’s decision, and whether the trial court properly concluded that grievance proceedings between the board and the union were statutorily exempt from the open meeting requirement of the FOIA pursuant to § l-18a (b).

Before addressing the substantive issues involved, we first set forth our standard of review. “Judicial review of [an administrative agency’s] action is governed by the Uniform Administrative Procedure Act [General Statutes §§ 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 [administrative agency]. . . . 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. . . . 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 enforcement. . . .” (Citations omitted; internal quotation marks omit[705]*705ted.) Hartford v. Freedom of Information Commission, 41 Conn. App. 67, 72-73, 674 A.2d 462 (1996).

The defendants first claim that the trial court failed to accord the proper deference to the commission’s interpretation of provisions of the FOIA. The trial court’s standard of review is governed by the same principles set out previously in discussing this court’s standard of review. Pursuant to our standard of review, we examine whether the conclusions of law reached by the trial court resulted from a correct application of the law to the facts of this case.

Section § l-18a (b) was recently interpreted by our Supreme Court in Glastonbury Education Assn. v. Freedom of Information Commission, 234 Conn. 704, 663 A.2d 349 (1995). At the time the trial court ruled on the present case, however, neither the commission nor the trial court had the benefit of that analysis. Nevertheless, earlier judicial decisions have construed § 1-18a (b). See Glastonbury Education Assn. v. Freedom of Information Commission, 35 Conn. App. 111, 119, 643 A.2d 1320 (1994), aff'd, 234 Conn. 704, 663 A.2d 349 (1995) (arbitration hearings provided for in collective bargaining agreement as means to resolve disputes not meetings within § l-18a [b] because they are continued negotiations); Bloomfield Education Assn. v. Frahm, 35 Conn. App. 384, 646 A.2d 247, cert. denied, 231 Conn. 926, 648 A.2d 161 (1994) (mere filing of grievance does not reveal any strategy or negotiations and therefore not exempt from FOIA disclosure requirements); Connecticut Employees Union Independent, Inc. v. Board of Labor Relations, 43 Conn. Sup. 1, 635 A.2d 891 (1993) (grievance settlement agreement constitutes supplemental understanding of collective bargaining agreement); Fairfield v.

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Bluebook (online)
682 A.2d 125, 42 Conn. App. 700, 1996 Conn. App. LEXIS 446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waterbury-teachers-assn-v-freedom-of-information-commission-connappct-1996.