Germain v. Town of Manchester
135 Conn. App. 202, 2012 WL 1394139, 41 A.3d 1100 (2012)
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Rule of Law:
When interpreting a statute that provides a definition for a term, courts must give effect to all words, including the descriptive adjectives in the term being defined. Such words cannot be rendered as meaningless surplusage, and the common sense meaning of the term must be considered alongside its statutory definition.
Facts:
- Thomas Germain operates a title search company which requires him to copy public land records kept by the town of Manchester.
- Starting in 2002, Germain used a portable flatbed scanner to copy land records in the town clerk's office.
- A state statute, General Statutes § 1-212 (g), permits the copying of public records with a 'hand-held scanner.'
- The statute defines 'hand-held scanner' as a 'battery operated electronic scanning device the use of which (1) leaves no mark or impression on the public record, and (2) does not unreasonably interfere with the operation of the public agency.'
- In March 2009, Joseph Camposeo, the Manchester town clerk, informed Germain that he could no longer use his portable flatbed scanner.
- Camposeo reasoned that Germain's device was not a 'hand-held scanner' within the meaning of the statute.
Procedural Posture:
- Thomas Germain filed a complaint with the Freedom of Information Commission after the town of Manchester's clerk prohibited his use of a portable flatbed scanner.
- The commission held a hearing and dismissed Germain's complaint, concluding that his flatbed scanner was not a 'hand-held scanner' under the statute.
- Germain appealed the commission's decision to the trial court.
- The trial court dismissed Germain's appeal, affirming the commission's interpretation of the statute.
- Germain's motion to reargue was denied by the trial court, and he then brought this appeal to the appellate court.
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Issue:
Does a portable flatbed scanner qualify as a 'hand-held scanner' under General Statutes § 1-212 (g), which defines the term as a battery-operated device that leaves no mark and does not interfere with agency operations, even if the scanner is not physically held in the hand?
Opinions:
Majority - DiPentima, C. J.
No, a portable flatbed scanner does not qualify as a 'hand-held scanner' under the statute because the term 'hand-held' must be given its ordinary, common-sense meaning and cannot be rendered superfluous. The court reasoned that Germain's interpretation, which would allow any scanner meeting the functional criteria (battery-operated, no marks, no interference) to be considered 'hand-held,' effectively writes the word 'hand-held' out of the statute. Citing the principle of statutory construction that no word in a statute should be treated as mere surplusage, the court held that the legislature intended for the device to be both 'hand-held' in the ordinary sense and to meet the other listed conditions. The court found the statutory language to be plain and unambiguous, thus rejecting an interpretation that would lead to an unreasonable result by ignoring the descriptive term itself.
Analysis:
This decision reinforces the fundamental canon of statutory interpretation that courts must give meaning to every word enacted by the legislature, avoiding interpretations that render any part of the statute superfluous. It clarifies that a statutory definition does not necessarily negate the plain meaning of the words in the term being defined; rather, the definition may add conditions to the common understanding of the term. The ruling has a direct practical impact on access to public records, limiting the technology citizens can use to copy documents to a specific type of device. For future cases involving statutory definitions, this holding emphasizes a holistic and common-sense reading over a purely technical one that ignores the descriptive nature of the term itself.
