Charity Not Bound by Disclosure Act

A social-services charity in Connecticut that receives substantial government financing does not have to release its administrative records under the state’s Freedom of Information Act, a state Appellate Court has ruled.

The ruling made clear that Domestic Violence Services of Greater New Haven is not the functional equivalent of a government agency and, therefore, not subject to the information act, even though more than half of its budget comes from federal, state, and local governments, mostly in the form of contracts for services.

Domestic Violence Services finds volunteers to help victims of abuse navigate through Connecticut’s court system.

In 1994, a former employee of the group sought access to its records and was denied. Although the charity later relented to avoid litigation, the employee filed a complaint with the state’s Freedom of Information Commission.

The Freedom of Information Act, which allows the public access to government records, applies only to government agencies. But the commission concluded that the charity, because of its government financing and the fact that its work was so intertwined with the court system, was subject to freedom-of-information laws.

In 1995, a Superior Court judge overturned the commission’s ruling, and the Appellate Court then dismissed an appeal by the commission as moot, since Domestic Violence Services had relinquished the documents in question. But the state Supreme Court, concerned that the issue might arise again, ordered the Appellate Court to rule.