New York Law Review

Tag: New York State United Teachers

  • New York State United Teachers v. Brighter Choice Charter School, 18 N.Y.3d 560 (2012): FOIL Exemption for Lists Used for Fundraising

    New York State United Teachers v. Brighter Choice Charter School, 18 N.Y.3d 560 (2012)

    Under New York’s Freedom of Information Law (FOIL), an agency may deny access to records, including lists of names, if disclosure would constitute an unwarranted invasion of personal privacy, such as when the list would be used for fundraising purposes.

    Summary

    New York State United Teachers (NYSUT) sought payroll records, including teacher names, from several charter schools via FOIL. The charter schools refused to disclose the teachers’ names, arguing it would be an unwarranted invasion of privacy because NYSUT would use the list for fundraising (i.e., soliciting membership). The New York Court of Appeals held that disclosing the names was not required under FOIL because NYSUT’s intended use of the list to solicit members constituted fundraising, triggering a FOIL exemption. The Court reasoned that the purpose for which the information is sought, not the public or private status of the individuals, determines whether the exemption applies.

    Facts

    NYSUT requested payroll records from six charter schools, including teacher names, titles, salaries, and home addresses. The charter schools partially denied the request, withholding teacher names and home addresses. NYSUT administratively appealed without success and then commenced legal action. NYSUT sought the teacher’s names, titles, and salaries. The Charter Schools agreed to provide titles and salaries but continued to withhold the names.

    Procedural History

    NYSUT commenced a hybrid CPLR article 78/declaratory judgment action in Supreme Court, seeking disclosure of the teacher’s names. Supreme Court ordered disclosure. The Appellate Division affirmed, reasoning that NYSUT dropped its request for home addresses and that the Charter Schools were required to keep basic employee information pursuant to Public Officers Law § 87 (3)(b). The New York Court of Appeals reversed the Appellate Division’s order.

    Issue(s)

    Whether charter schools must disclose the names of their teachers pursuant to FOIL when the requesting party intends to use the names for membership solicitation, which the charter schools argue constitutes fundraising, thus triggering an exemption to disclosure.

    Holding

    No, because NYSUT’s intent in requesting the teacher names is to expand its membership and, by extension, obtain membership dues; thus the request falls within the fund-raising exemption of Public Officers Law § 89 (2)(b)(iii).

    Court’s Reasoning

    The Court of Appeals reasoned that while charter schools are subject to FOIL and must maintain a record of employee names, titles, and salaries under Public Officers Law § 87 (3)(b), there’s an exception. Under Public Officers Law § 89 (2), an agency may deny access to records if disclosure would constitute an unwarranted invasion of personal privacy, including the “sale or release of lists of names and addresses if such lists would be used for commercial or fund-raising purposes.” The court relied on Matter of Federation of N.Y. State Rifle & Pistol Clubs v New York City Police Dept., 73 NY2d 92 (1989), stating that it is the purpose of the solicitation that matters, not what it is called. Giving the term “fund-raising” its “natural and most obvious meaning” (Matter of Capital Newspapers, Div. of Hearst Corp. v Whalen, 69 NY2d 246, 251 [1987]), NYSUT’s intent to expand its membership and obtain dues qualifies as fundraising. The court also noted that ordering disclosure of the names would not further the policies of FOIL, which are to assist the public in making informed choices about governmental activities. The court emphasized that the purpose for which the information is sought drives the analysis. The fact that NYSUT dropped its request for addresses is irrelevant; the fundraising exemption is implicated even when only names are sought, as they can be linked to addresses through other means. The court stated, “it is precisely because no governmental purpose is served by public disclosure’ of this information that section 87 (2) (b)’s privacy exemption falls squarely within FOIL’S statutory scheme”.