144 Conn. App. 821
Conn. App. Ct.2013Background
- Two reporters requested NCIC "rap sheet" printouts from the Connecticut Department of Public Safety concerning a suicide; the department denied the requests.
- Reporters appealed to the Freedom of Information Commission (commission), which ordered disclosure, reasoning the state could not "contract away" its disclosure obligations by participating in the NCIC compact.
- Commissioner of Public Safety appealed to superior court; the court upheld the commission.
- Commissioner appealed to the appellate court challenging (1) federal-law preemption arguments (28 U.S.C. § 534 and 42 U.S.C. § 14616) and (2) statutory exemptions under the Connecticut Freedom of Information Act (Conn. Gen. Stat. § 1-210).
- The appellate court concluded federal law does not preempt state FOIA here and that NCIC dissemination is governed by the federal–state compact; NCIC printouts are therefore exempt from disclosure under § 1-210(a).
- The court reversed the judgments below only as to the NCIC printouts and remanded with direction to sustain the commissioner’s appeals on that claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether federal law preempts state FOIA disclosure of NCIC printouts | Federal statutes and the compact (28 U.S.C. § 534; 42 U.S.C. § 14616) limit dissemination and thus preempt conflicting state disclosure obligations | Commission: NCIC records become state public records upon receipt and the state may not "contract away" FOIA duties | Federal law does not preempt; federal and state law are consistent and limit disclosure under the compact |
| Whether the state can "contract away" its FOIA duties via the NCIC compact | Compact and federal law restrict dissemination; those restrictions govern | Commission: a state agency cannot avoid FOIA duties by contract; delivery to state makes records public | State did not "contract away" FOIA; the compact is statutory and binding, so its restrictions control |
| Whether NCIC printouts are exempt from disclosure under Conn. Gen. Stat. § 1-210(a) | NCIC dissemination restrictions and the compact render NCIC prints exempt | Commission argued disclosure required under FOIA absent a specific federal/state statutory bar | NCIC printouts fall within the "except as otherwise provided by any federal law or state statute" clause of § 1-210(a) and are exempt |
| Remedy / disposition | Affirm commission and trial court orders to disclose | Reverse as to NCIC printouts and remand to sustain commissioner’s appeal on that claim | Appellate court reversed lower courts only as to NCIC printouts and directed judgments sustaining commissioner’s appeals on that item |
Key Cases Cited
- Commissioner of Correction v. Freedom of Information Commission, 307 Conn. 53 (2012) (NCIC printout held exempt under § 1-210(a) where disclosure barred by federal regulation)
- United States Dept. of Justice v. Reporters Committee for Freedom of the Press, 489 U.S. 749 (1989) (FBI rap-sheet dissemination is limited; federal statutes and privacy considerations restrict release)
- MacDermid, Inc. v. Dept. of Environmental Protection, 257 Conn. 128 (2001) (scope of judicial review of administrative action)
- Sams v. Dept. of Environmental Protection, 308 Conn. 359 (2013) (plenary review applies to pure questions of statutory construction)
- Rodriguez v. Testa, 296 Conn. 1 (2010) (preemption principles under the Supremacy Clause)
- Pictometry International Corp. v. Freedom of Information Commission, 307 Conn. 648 (2013) (when federal and state laws conflict, federal law preempts)
- Lieberman v. State Board of Labor Relations, 216 Conn. 253 (1990) (contract terms cannot authorize illegal destruction of public records)
- Alabama v. North Carolina, 560 U.S. 330 (2010) (an interstate compact is a federal statute when enacted by Congress)