I know you’ve helped us in the past on general public information inquiries when it comes to the media.
I have a question regarding union grievances filed against a municipality.
I’ve heard that Jamestown’s police and fire departments have filed grievances against the city. My question is whether these documents are covered under FOIL rules and, if so, would it be to the city or another agency like PERB (Public Employment Relations Board)?
Thanks for contacting me with your question. Grievance documents can be disclosed pursuant to a FOIL request. As far as where to file your FOIL request I suggest filing it with the City and PERB, as you may get different information from both. I hope this information helps.
Below are some opinions from the Committee on Open Government (which is different from our Coalition).
https://docsopengovernment.dos.ny.gov/coog/ftext/f14575.htm
In this opinion the Committee determined that “correspondence and communications” pertaining to two grievances initiated against the district by a teachers’ association, grievance forms, responses by administrators denying the grievances, and letters of appeal by the teachers’ association, had to be disclosed.
https://docsopengovernment.dos.ny.gov/coog/ftext/f11437.htm
If, for example, a grievance relates to an issue involving a public employee in the nature
of a health or medical problem, I believe that identifying details pertaining to the employee could
justifiably be withheld. On the other hand, if the grievance does not focus on a particular
employee but rather deals with a practice or policy of the District, for example, privacy would
not be an issue, and the records in question would likely in my view be available in their entirety.
https://docsopengovernment.dos.ny.gov/coog/ftext/f9393.htm
The second letter involves whether an improper practice charge filed by the local teachers’ association, as well as the answer to the charge, are available under the Freedom of Information Law. You indicated that the charge and answer have been filed with PERB.
As a general matter, the Freedom of Information Law is based upon a presumption of access. Stated differently, all records of an agency are available, except to the extent that records or portions thereof fall within one or more grounds for denial appearing in §87(2)(a) through (i) of the Law. From my perspective, the only ground for denial of possible significance would be §87(2)(b).
That provision enables an agency to withhold records insofar as disclosure would constitute “an unwarranted invasion of personal privacy.”
If, for example, a grievance relates to an issue involving a public employee in the nature of a health or medical problem, I believe that identifying details pertaining to the employees could justifiably be withheld.
On the other hand, if the charge does not focus on a particular employee but rather deals with a practice or policy of the District, for example, privacy would not be an issue, and the records in question would likely in my view be available in their entirety.
