Labor & Employment Law

: New York Public Personnel Law

Charter school required to provide certain staff personnel information in response to a Freedom of Information Law request

Charter school required to provide certain staff personnel information in response to a Freedom of Information Law request
Matter of New York State United Teachers v Brighter Choice Charter School, 2009 NY Slip Op 06071, Decided on July 30, 2009, Appellate Division, Third Department

The New York State Federation of Teachers [UFT], a labor union, pursuant to the Freedom of Information Law [FOIL],* asked the Brighter Choice Charter School to provide it with the names, home addresses, titles and salaries of school?s teachers. Ultimately it was agreed that Brighter Choice would not have to provide the home address of its faculty and that Brighter Choice would provide the salary information sought by UFT.

The question left unresolved was whether Brighter Choice had to provide ?the full names of their teachers.? Supreme Court concluded that the full names must be provided under FOIL and Brighter Choice appealed.

The Appellate Division concluded that Brighter School was tantamount to an "agency" for the purposes of FOIL and thus their employees stand on similar ground as public employees. As such, said the court, Brighter School was required to maintain records of "the name, public office address, title and salary" of its employees. The Appellate Division also noted that ?this basic information as to state employees, as well as public school teachers in this state, is accessible by anyone for any purpose on the Internet.?

In addition, the Appellate Division ruled that the personal privacy exception relied upon by Brighter School ?as it existed at the pertinent time,** does not support their argument that the teachers' full names need not be provided? as the exception addressed FOIL requests seeking "lists of names and addresses if such lists would be used for commercial or fund-raising purposes."***

* The Legislature has specifically provided that charter schools are subject to the provisions of FOIL (see Education Law § 2854 [1] [e]).

** Recent amendments to FOIL (see Laws of 2008, Chapter 223, §4 [eff Aug. 6, 2008]) were not considered by the court in this instance as the relevant FOIL requests were made, and the proceeding was commenced, before the amendments became effective.

*** Brighter Schools had argued that UFT underlying purpose was for ?solicitation? of members. The relevant 2008 amendment concerned FOIL exceptions available to the record holder and provided that the: iii. sale or release of lists of names and addresses if such lists would be used for [commercial] solicitation or fund-raising purposes. The Appellate Division specifically noted that it made ?no ruling regarding the amended statutory language? in considering the instant appeal.

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_06071.htm

Full post as published by New York Public Personnel Law on July 31, 2009 (boomark / email).