189 Conn. App. 842
Conn. App. Ct.2019Background
- Michael Aronow, a former UConn Health Center physician, made a broad FOIA request (Aug 19, 2013) for Dr. Lieberman’s emails and computer files; after slow responses he filed FOIA complaints (FIC 2014-156 and FIC 2015-127).
- FIC 2014-156 was dismissed for lack of jurisdiction as untimely; Aronow refiled the same request and pursued FIC 2015-127, which resulted in a finding that the Health Center violated FOIA by not complying promptly.
- The commission ordered production but narrowed the request by two paragraphs (paragraphs ten and eleven) and allowed the Health Center nine months to comply; it declined to impose civil penalties.
- Aronow appealed the commission’s decision to Superior Court, asserting (inter alia) lack of civil penalties standing, improper dismissal of FIC 2014-156, erroneous narrowing of his request (paragraph 11), excessive compliance period, and no in camera review of claimed exemptions.
- The trial court dismissed most claims, finding Aronow lacked standing to challenge the commission’s refusal to impose penalties, that FIC 2014-156’s issues were considered in FIC 2015-127, and that there was substantial evidence Aronow had narrowed the request; Aronow appealed to the Appellate Court.
- The Appellate Court affirmed dismissal as to standing and the 2014 complaint issue but reversed as to the narrowing in paragraph eleven, concluding the record did not support that Aronow permanently narrowed his original FOIA request; it remanded for the commission to order compliance with the original request as narrowed only by paragraph ten.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to appeal commission's refusal to impose civil penalties | Aronow: he is aggrieved because penalties would deter noncompliance and protect his right to prompt records | Commission: refusal to impose penalties is discretionary; plaintiff has no legal interest to appeal penalty omission | Court: No standing; Burton controls — plaintiff not classically or statutorily aggrieved; dismissal affirmed |
| Dismissal of FIC 2014-156 as moot/untimely | Aronow: he relied on commission representations and was harmed because 2014 issues weren’t fully considered in 2015 proceeding | Commission: 2015 proceeding was identical and administrative notice was taken of relevant 2014 findings | Court: 2015 proceeding addressed 2014 facts; no aggrievement shown; dismissal affirmed |
| Whether Aronow narrowed his FOIA request (paragraph 11) | Aronow: June 30, 2014 email sought expedited subset only for imminent HCAC appeal, not permanent narrowing of the original request | Commission/Health Center: June 30 email reflected an agreed narrowing; hearing testimony supported narrowing | Court: Reversed — record shows Aronow only sought expedited subset; no documentary evidence of permanent narrowing; commission improperly narrowed request (paragraph 11) |
| Reasonableness of nine-month compliance period | Aronow: nine months was excessive given long delay and prior assurances | Commission: reasonable given size of request, resource constraints, need for exemptions review; supported by record | Court: Moot after reversal on narrowing; trial court’s finding not addressed on merits, but court expressed concern and urged commission to monitor compliance on remand |
Key Cases Cited
- Burton v. Freedom of Information Commission, 161 Conn. App. 654 (Conn. App. 2015) (plaintiff lacked standing to challenge commission’s refusal to impose civil penalties)
- Rose v. Freedom of Information Commission, 221 Conn. 217 (Conn. 1992) (standing principles and aggrievement requirements for FOIA appeals)
- Perkins v. Freedom of Information Commission, 228 Conn. 158 (Conn. 1993) (scope of judicial review of administrative FOIA decisions)
- Ottochian v. Freedom of Information Commission, 221 Conn. 393 (Conn. 1992) (courts may not substitute their judgment for agency’s; FOIA openness policy)
- Wilson v. Freedom of Information Commission, 181 Conn. 324 (Conn. 1980) (legislative policy favoring disclosure under FOIA)
- Tompkins v. Freedom of Information Commission, 136 Conn. App. 496 (Conn. App. 2012) (FOIA exceptions narrowly construed in light of public policy favoring disclosure)