NYSUT not entitled to FOIL charter school teachers’ names

On Board Online • December 13, 2010

By Kimberly A. Fanniff
Associate Counsel

The state’s highest court has derailed a union’s effort to obtain the names and home addresses of six charter schools’ employees, possibly for recruitment purposes.

New York State United Teachers (NYSUT) claimed it was entitled to the information under the state’s Freedom of Information Law, which requires public employers to maintain a list setting forth the name, public office address, title and salary of every officer or employee. Such list must be made available for public inspection and copying.

In New York State United Teachers (NYSUT) v. Brighter Choice Charter School et al., the Court of Appeals overturned a ruling by the Appellate Division of state Supreme Court, Third Department, which had ordered the charter schools to disclose the names.

The Court of Appeals stated it was “evident that Nyxis intent in requesting the teacher names is to expand its membership and by extension, obtain membership dues.” It viewed this as a form of fundraising, and noted that the statute states the sale or release of lists of names and addresses would constitute an impermissible invasion of privacy if the lists would be used for “commercial or fund-raising purposes.”

As disclosing the names would “do nothing to further the policies of FOIL which is to assist the public in formulating intelligent and informed choices with respect to … governmental activities,” the court determined Nyxis request for the names of the teachers was properly denied by the charter school.

NYSUT originally sought the teachers’ names, home addresses, title and compensation. The charter schools provided a listing of titles and salaries but denied the rest of the request. NYSUT subsequently withdrew its request for home addresses.