On January 29, 2010, the New York State Supreme Court for Schenectady County dismissed a petition filed by two local newspapers under New York’s Freedom of Information Law. The Court held that the School District complied with all aspects of the Freedom of Information Law when it denied the petitioners access to an investigative report prepared by an outside consultant for a School District, as well as a series of electronic mail communications in the possession of the District which were sent and received by a former District employee. The School District was represented in this special proceeding by Patrick J. Fitzgerald, Esq. and Robert F. Manfredo, Esq.
While New York’s Freedom of Information Law is premised on a general policy of disclosure, it also contemplates the need on the part of government to keep some matters confidential. In this regard, when rendering its decision, the Court adopted the arguments raised by Girvin & Ferlazzo, P.C. on behalf of the School District that the contents of the investigative report, as well as the e-mail communications fell within various exemptions to the Freedom of Information Law. After reviewing comprehensive submissions by the School District in opposition to the petition, including an affidavit submitted by the outside consultant, the Court agreed with the District that, among other things, the investigative report was largely the product of interviews with District employees who spoke with the consultant only after being told that their conversations would remain confidential. The Court also agreed with the School District’s argument that the report should not be disclosed because it contained allegations of misconduct which had not yet resulted in final determinations by the District; in doing so, the Court aligned itself with an advisory opinion rendered by the New York State Committee on Open Government provided by the Committee during preliminary phases of the petitioners’ request for access.
This proceeding was highly publicized and Girvin & Ferlazzo, P.C. was pleased to obtain a favorable result for the School District.