59 Conn. App. 20 | Conn. App. Ct. | 2000
This is an appeal by the plaintiff, Frank Carpenter, from the judgment of the trial court dismissing his administrative appeal from a decision of the defendant freedom of information commission (commission).
The genesis of this freedom of information appeal was a June 2, 1997 request from The Hartford Courant (Courant) to the board of education of the town of Plymouth, seeking certain school records that involved the plaintiff. The superintendent of schools wrote to the plaintiff, informing him of the request and asking whether he objected to the records’ being disclosed. On June 4, 1997, the plaintiff wrote to the superintendent objecting to the disclosure of the subject records. The superintendent so informed the Courant and denied its request. The Courant then filed a complaint with the commission, pursuant to the Freedom of Information Act, General Statutes (Rev. to 1997) § l-18a et seq., now § 1-200 et seq. The substance of the Courant’s complaint
At a hearing before the commission, the plaintiff, an elementary school teacher, appeared and was made a party. The hearing officer conducted an in camera inspection of the records sought by the Courant and found that the records concerned the plaintiffs personal conduct and did not relate to his teaching or other professional duties. The commission adopted the hearing officer’s preliminary report and ordered the board of education to disclose the records.
On appeal, as he did before the Superior Court, the plaintiff argues that § 10-151c exempts the requested documents concerning his misconduct from disclosure because they are records of “teacher performance and evaluation” that are not public records and, therefore, are not subject to disclosure. He also maintains that the statutory phrase “records of teacher performance and evaluation” has been given a broad meaning by judicial gloss, and that the Superior Court improperly determined that the subject records were not “records of teacher performance and evaluation.”
“Judicial review of [an administrative agency’s] action is governed by the Uniform Administrative Pro
Where our resolution of a plaintiffs claim requires us to apply the provisions of a statute, namely § 10-
“[I]t is well established that the general rule under the Freedom of Information Act [FOIA] is disclosure, and any exception to that rule will be narrowly construed in light of the general policy of openness expressed in the FOIA legislation. Board of Education v. Freedom of Information Commission, [208 Conn. 442, 450, 545 A.2d 1064 (1988)]. The burden of proving the applicability of an exception to the FOIA rests upon the party claiming it. Rose v. Freedom of Information
“When the legislature uses a broad term [records] ... in an administrative context, without attempting to define that term, it evinces a legislative judgment that the agency should define the parameters of that term 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)].” (Internal quotation marks omitted.) Ottochian v. Freedom of Information Commission, supra, 221 Conn. 398-99. It is the commission’s task to determine whether the records at issue were “ ‘records of teacher performance and evaluation’ within the broad meaning of that term. The practical construction placed on the statute by the agency, if reasonable, is highly persuasive.” Id., 399.
Applying these principles to the present case, we are persuaded, as was the trial court, that the commission reasonably concluded that the board of education documents related only to a specific incident of personal misconduct, and were not records of teacher performance and evaluation. Only the plaintiffs personal conduct was at issue; nothing in the record relates to the plaintiffs ability to teach. Not all disciplinary records are the same; each presents a separate factual issue. Our Supreme Court upheld as reasonable the commission’s determination that “the legislature did not intend to exempt from disclosure nonevaluative information from a letter pertaining to a teacher . . . .” Id.
A record of personal misconduct occurring during class hours does not automatically fall under the heading of “teacher performance and evaluation.” To include all records of serious teacher misconduct, up to and including assault or sexual violation, under the language of the statute would exclude such records from public scrutiny and inquiry for criminal prosecution. Such an exclusion would defy our common sense, rational result approach to statutory interpretation. Records of a teacher’s personal misconduct occurring during class time, but unrelated to teaching, that exposes a child to noninstructional, sexually explicit material therefore should not be protected from disclosure under § 10-151c. The Superior Court properly applied the law to the facts found by the commission and dismissed the plaintiffs appeal.
The judgment is affirmed.
In this opinion the other judges concurred.
The other defendants are the Plymouth board of education and the superintendent of schools (collectively the board of education), and The Hartford Courant, Matthew Brown and Ken Byron (collectively the Courant).
General Statutes § 10-151c provides: “Any records maintained or kept on file by any local or regional board of education which are records 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 his records by a board of education. Such consent shall be required for each request for a release of such records. For the purposes of this section the term ‘teacher’ shall include each certified professional employee below the rank of superintendent employed by a board of education in a position requiring a certificate issued by the State Board of Education.”
The commission ordered the correspondence between the plaintiff and the superintendent disclosed, but not the board’s notes concerning its investigation of the incident.
The plaintiff has not contested the commission’s conclusion that the board of education records are not exempt under General Statutes § 1-19 (b) (2). To establish the applicability of § 1-19 (b) (2), the plaintiff must demonstrate both that the information sought did not pertain to legitimate matters of public concern and that the information was highly offensive to a reasonable person. Perkins v. Freedom of Information Commission, 228 Conn. 158, 175, 635 A.2d 783 (1993).