Lindquist v. Freedom of Information Commission

Citations

• 203 Conn. App. 512

Syllabus

Pursuant to statute (§ 1-210 (b) (1)), the Freedom of Information Act does not require the disclosure of preliminary drafts or notes provided the public agency has determined that the public interest in withholding them outweighs the public interest in disclosure. Pursuant further to statute (§ 1-210 (e) (1)), notwithstanding § 1-210 (b) (1), disclosure is required of such documents as advisory opinions and recommendations comprising part of the process by which governmental decisions are formulated. The plaintiff, L, a tenured professor at the defendant health center, C Co., appealed to this court from the judgment of the trial court dismissing his appeal from the final decision of the defendant Freedom of Information Commission. After the completion of his annual performance review, as required by C Co.'s bylaws, L requested certain documents and com- munications related to the review. C Co. disclosed records within which it made various redactions, including to comments and ratings made by individual committee members about L's evaluation. L appealed to the commission, which found that the redacted portions of the requested records were permissibly exempt pursuant to § 1-210 (b) (1) and (e) (1). L then appealed to the trial court, which concluded that the commission correctly determined that C Co., pursuant to § 1-210 (b) (1), properly had resolved the balance between secrecy and disclosure of the preliminary drafts or notes in good faith and that § 1-210 (e) (1) did not require production of the committee members' final comments and ratings because they were ''preliminary'' to the committee's recommendation to the dean of C Co. regarding L's evaluation, and dismissed L's appeal. On L's appeal to this court, held: 1. The trial court properly concluded that the commission did not abuse its discretion in finding that the redacted records were exempt from disclosure under § 1-210 (b) (1), as those records were preliminary drafts or notes within the meaning of that s