Wiese v. Freedom of Information Commission

847 A.2d 1004, 82 Conn. App. 604, 2004 Conn. App. LEXIS 173
CourtConnecticut Appellate Court
DecidedApril 27, 2004
DocketAC 24347
StatusPublished
Cited by5 cases

This text of 847 A.2d 1004 (Wiese 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
Wiese v. Freedom of Information Commission, 847 A.2d 1004, 82 Conn. App. 604, 2004 Conn. App. LEXIS 173 (Colo. Ct. App. 2004).

Opinion

Opinion

DUPONT, J.

This is an appeal by the plaintiff, James Wiese, from the judgment of the trial court, upholding a decision of the defendant freedom of information commission (commission) that ordered the defendant superintendent of schools (superintendent) and the defendant board of education of the town of Tolland (board) to disclose certain material to the defendant Journal Inquirer newspaper and the defendant Chris [606]*606Dehnel, a reporter with the newspaper.1 The principle issue is whether a “last chance agreement” (agreement) relating to the plaintiff should be disclosed under the Freedom of Information Act (act), General Statutes § 1-200 et seq., and General Statutes § 10-151c. We affirm the judgment of the trial court.

The following undisputed facts as related in the agreement and garnered from the procedural history are pertinent to the plaintiffs appeal. The plaintiff, a teacher employed by the board, showed a film entitled “Damned in the USA” to his American government class at Tolland high school as part of his course on minority views and dissent in American history. The plaintiff described the film and notified his students some days ahead of time that they could be excused from class if they did not want to watch the film. The agreement at issue concerns a single act of alleged misconduct, namely, the showing of the film, and does not concern any act of verbal or physical abuse toward any student by the plaintiff. In the days following the showing of the film, the plaintiff discussed with his students the possibility of his being disciplined by school authorities because of the showing.

The plaintiffs superiors learned that he had shown the film, investigated the matter and found the film to be age inappropriate. As a result of the investigation, the superintendent, the plaintiff and a teachers’ union representative, on January 6, 2000, signed the agreement related to the incident. It detailed the superintendent’s findings of fact, the punishment involved and penalties for future infractions.

On February 12, 2002, the defendant newspaper and the defendant reporter requested from the Tolland pub-[607]*607lie school system the records surrounding the showing of the film. The only document related to the incident was the agreement. The superintendent notified the plaintiff of the request, and the plaintiff timely filed an objection to that request, citing an exception contained in § 10-151c2 to the mandatory disclosure requirements of General Statutes § 1-210 (a).3 The defendant newspaper and the defendant reporter then filed a notice of appeal with the commission, pursuant to General Statutes § 1-206 (b) (1).

At a hearing before the commission, the plaintiff appeared and was made a party to the proceedings. The hearing officer conducted an inspection of the agreement and held that it was not a record of teacher performance and evaluation.4 The hearing officer con-[608]*608eluded that the agreement fell under the ambit of the act and recommended that it be disclosed. By written decision, the commission adopted the officer’s report in full, as its order, on August 28, 2002.

The plaintiff appealed to the trial court from the commission’s decision. He claimed that the commission erred when it determined that the agreement was not a record of “teacher performance and evaluation” within the meaning of § 10-151c. The court rendered judgment for the commission and dismissed the plaintiffs appeal. The court noted the deference afforded the commission’s decision and the intentional ambiguity of the term “teacher performance and evaluation” in § 10-151c; see Carpenter v. Freedom of Information Commission, 59 Conn. App. 20, 22-25, 755 A.2d 364, cert. denied, 254 Conn. 933, 761 A.2d 752 (2000); that allows the commission to make case-by-case determinations of what information about a teacher can be disclosed.

The plaintiff claims on appeal that the agreement is an evaluation of teacher performance and not a disciplinary document and, therefore, is exempt from the disclosure requirements of § 1-210. We disagree.

Our standard of review is critical to our analysis in an administrative appeals context. We first note that judicial review of an administrative agency’s action is limited by the Uniform Administrative Procedure Act, General Statutes § 4-166 et seq. The scope of review is very restricted. Neither this court nor the trial court may retry the case or substitute its judgment for that of the commission. Even as to questions of law, the court’s ultimate duty is to decide only whether, in light of the evidence, the agency 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 reasonably [609]*609and logically could follow from those facts. Carpenter v. Freedom of Information Commission, supra, 59 Conn. App. 23; see also General Statutes § 4-183 (j).

We also note other principles surrounding the deferential standard of review afforded administrative appeals. When the legislature intentionally uses broad terms without definition, it evinces a judgment that the agency should define the parameters of the broad terms of relevant statutes on a case-by-case basis. Cos Cob Volunteer Fire Co. No. 1, Inc. v. Freedom of Information Commission, 212 Conn. 100, 106, 561 A.2d 429 (1989). “The practical construction placed on the statute by the agency, if reasonable, is highly persuasive.” Ottochian v. Freedom of Information Commission, 221 Conn. 393, 399, 604 A.2d 351 (1992).

The commission’s decision was based on its interpretation of critical portions of the act, specifically § 1-210. It also based its decision on its reading of the exception to the act’s disclosure requirements that are contained in § 10-151c. Section 1-210 provides in relevant part: “Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency5 . . . shall be public records and every person shall have the right to (1) inspect such records promptly . . . .”

Section 10-151c contains an exception to the general rule that all records of public agencies are to be disclosed. The statute is designed to prevent parents from “teacher shopping” in public schools by looking at evaluations and then demanding that their children be [610]*610placed with one specific teacher. See 45 H.R. Proc., Pt. 13, 2002 Sess., pp. 3981-82, remarks of Representative Lawrence F. Cafero, Jr.6 “[R]ecords of teacher performance and evaluation shall not be deemed to be public records and shall not be subject to the provisions of section 1-210, provided that any teacher may consent in writing to the release of such teacher’s records by a board of education. . . .” General Statutes § 10-151c.

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Cite This Page — Counsel Stack

Bluebook (online)
847 A.2d 1004, 82 Conn. App. 604, 2004 Conn. App. LEXIS 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiese-v-freedom-of-information-commission-connappct-2004.