Jeffrey Thomas Clay v. City of Dover & a.
156 A.3d 156
| N.H. | 2017Background
- Plaintiff Jeffrey Clay requested the blank and completed rubric forms used by the Dover school superintendent search committee to evaluate applicants under New Hampshire’s Right-to-Know Law (RSA ch. 91-A).
- The interim superintendent provided the blank rubric but withheld completed rubrics, citing the exemption for "records pertaining to internal personnel practices."
- The trial court ordered applicants’ names disclosed and reviewed the completed rubrics under seal, then ordered the completed rubrics released, concluding they were not exempt as internal personnel practices.
- Defendants (City of Dover and related bodies) appealed the disclosure order, arguing the completed rubrics are exempt personnel-practice records under RSA 91-A:5, IV.
- The Supreme Court, relying on its recent decision in Reid and federal FOIA precedent, analyzed whether completed evaluation rubrics concern "internal personnel practices" and are therefore categorically exempt from disclosure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether completed superintendent-search rubrics are "records pertaining to internal personnel practices" under RSA 91-A:5, IV | Rubrics record applicant-supplied information and ratings about outsiders, so they are not "internal" personnel matters and should be disclosed | Rubrics relate to hiring, a core human-resources function conducted on behalf of the employer, so they are internal personnel-practice records exempt from disclosure | Held for defendants: completed rubrics are internal personnel-practice records and exempt from disclosure |
Key Cases Cited
- Milner v. Dep’t of Navy, 562 U.S. 562 (interpreting "personnel" as human-resources matters for FOIA Exemption 2)
- Hounsell v. North Conway Water Precinct, 154 N.H. 1 (2006) (investigatory report generated in employer’s investigation is a personnel-practices record)
- Union Leader Corp. v. Fenniman, 136 N.H. 624 (1993) (internal personnel discipline is a paradigmatic personnel-practices exemption)
- Montenegro v. City of Dover, 162 N.H. 641 (2011) (Right-to-Know Law construed to favor disclosure; distinction between personnel matters and other records)
- Dep’t of Air Force v. Rose, 425 U.S. 352 (1976) (discussing public interest in personnel-related records)