FREEDOM OF INFORMATION COMMISSION OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by			FINAL DECISION
Richard A. Labas,
		Complainants
	against		Docket #FIC 2000-001
Superintendent of Schools, East Hampton Public Schools; and East Hampton Education Association,
		Respondents	February 23, 2000

            The above-captioned matter was heard as a contested case on February 8, 2000, at which time the complainant and the respondents appeared and presented testimony, exhibits and argument on the complaint. At the hearing, the East Hampton Education Association was granted party status, and the caption above has been accordingly amended.

 

            After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

            1.  On December 23, 1999, the complainant requested that the respondent Superintendent of Schools allow him to inspect and receive copies of “the ground rules for the negotiations between the unions and the BOE” (the “requested record”). 

 

2.  By letter dated and filed with the Commission on January 3, 2000, the complainant appealed to the Commission alleging that the respondent Superintendent of Schools violated the Freedom of Information Act (“FOIA”) by denying the complainant an opportunity to inspect and receive a copy of the requested record.

 

3.  Section 1-210(b)(9), G.S., exempts from mandatory disclosure: “records, reports and statements of strategy or negotiations with respect to collective bargaining”.

 

4.  The Connecticut Supreme Court has considered the applicability of the FOIA to compulsory arbitration proceedings pursuant to the Teacher Negotiation Act in Waterbury Teachers Association v. FOIC, 240 Conn. 835 (1997); Glastonbury Education Association v. FOIC, 234 Conn. 704 (1995). Moreover, the Commission has a long history of recognizing that proposals or offers in the arbitration process are exempt from disclosure. Radford v. Town of Trumbell, Docket #FIC 79-246, cited with approval by the Appellate Court in Bloomfield Education Association v. Frahm, 35 Conn. App. 384, 388; McHale v. Superintendent of Schools, Watertown Public Schools, Docket #FIC 94-390.

 

5.  It is found that the ground rules for the negotiations in the mediated arbitration proceedings detail the process that is used to guide the conduct of the negotiation after the parties have been unable to agree and the process of forming contracts has reached the stage of arbitration pursuant to the Teacher Negotiation Act. Even in this arbitration stage, however, the parties can negotiate and agree to specific terms, which are then adopted by the arbitrator.

 

6.  It is also found that the respondent Superintendent of Schools declined to furnish the requested record to the complaint following his request described at paragraph 1, above.

 

7.  It is concluded that, because the requested record establishes ground rules for the negotiations in mediated arbitration proceedings, the requested record described at paragraphs 1 and 5, above, is a record of negotiation with respect to collective bargaining, as that term is used in §1-210(b)(9), G.S. Therefore, the requested record is exempt from mandatory disclosure pursuant to §1-210(a), G.S.

 

 

            The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

1.  The complaint is hereby dismissed.

 

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of

February 23, 2000.

 

 

_________________________

Melanie R. Balfour

Acting Clerk of the Commission

 

 

PURSUANT TO SECTION 4-180(c), G.S., THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

 

 

Richard A. Labas

63 Barton Hill Street

East Hampton, CT  06424

 

 

Superintendent of Schools, East Hampton Public Schools; and East Hampton Education Association

c/o Atty. Victor Schoen

Sullivan, Schoen, Campane and Connon, LLC

646 Prospect Avenue

Hartford, CT  06105-4286

and

c/o Atty. William J. Dolan

21 Oak Street, Suite 500

Hartford, CT  06106

 

 

 

__________________________

Melanie R. Balfour

Acting Clerk of the Commission

 

 

FIC2000-001FD/mrb/02/29/00