Court Decisions 2014

FOI  Martin A. Gould v. Freedom of Information Commission, et al., SC 18966 (December 16, 2014)
FOI  Martin A. Gould v. Freedom of Information Commission, et al., - Dissent
FOI  Martin A. Gould v. Freedom of Information Commission, et al., - Dissent
FOI  Martin A. Gould v. Freedom of Information Commission, et al., - Dissent

In Gould v. FOI Commission, 314 Conn. 802 (2014), a sharply divided Connecticut Supreme Court  held that the language of the Teacher Negotiation Act (“TNA”), Conn. Gen. Stat. §10-153f, did not support the previously widely-accepted belief that arbitration panels are public agencies. 

The three dissenting justices in Gould concluded, however, that the language of the statute, its legislative history, as well as the public policy principles underling both the FOI Act and the TNA indicate that the legislature intended that arbitration panels be public agencies.  As public agencies, hearings conducted by arbitration panels must comply with the FOI Act; that is, strategy and negotiation sessions may be closed to the public, but all evidentiary proceedings must be open.  All three dissenting justices would have affirmed the decision of the FOI Commission and the decision of the Superior Court dismissing the plaintiffs’ appeals.

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Commissioner of Public Safety v. Freedom of Information Commission, et al., SC 19047 (July 15, 2014)

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Commissioner of Public Health v. Freedom of Information Commission, et al., SC 19046 (March 25, 2014)

William Connelly v. Commissioner of Correction, et al., AC 35361 (April 29, 2014)

People For The Ethical Treatment of Animals v. Freedom of Information Commission, et al., CV-14-6023464-S (December 18, 2014)

The FOIC concluded that grant numbers and the names of animal researchers at the University of Connecticut Health Center (UCHC) who violated research protocols were exempt from disclosure pursuant to Conn. Gen. Stat. §1-210(b)(19).  The court reversed, concluding that the Commission improperly applied the standard of proof required under §1-210(b)(18), rather than the standard required by Conn. Gen. Stat. §1-210(b)(19).  The court ordered disclosure of the grant numbers and names(and associated grant numbers).  The superior court’s decision has been appealed by the Department of Administrative Services and UCHC.

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Michael Harrington v. Freedom of Information Commission, et al., CV-13-6022951-S (November 12, 2014)

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Board of Estimate and Taxation for the Town of Greenwich, et al., v. Freedom of Information Commission, CV-14-6024209-S (October 30, 2014)

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George Flores, Esq. & David Smith, Esq. v. Freedom of Information Commission, et al., CV-13-6020905-S (April 7, 2014)

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Nancy Burton v. Freedom of Information Commission, et al., CV-13-5015882-S (April 7, 2014)