FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Kathryn E. Cole, Et Al.

Complainants

against Docket #FIC 89-77

Wethersfield Town Manager

Respondent August 23, 1989

The above-captioned matter was heard as a contested case on July 10, 1989, at which time the complainants and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.

After consideration of the entire record, the following facts are found and conclusions of law are reached:

1. The respondent is a public agency within the meaning of §1-18a(a), G.S.

2. By letter dated February 7, 1989, the complainants requested the following document from the respondent:

a. A copy of the source document of the factor-point system. The document contains the value of the points given to individual complainants in the formulation of a pay and classification study.

3. It is found that the respondent obtained the factor-point system from a private consultant.

4. It is found that by letter dated February 21, 1989, the private consultant asserted its previous wishes that the details of the factor-point system be given only to the respondent and his designated personnel officer for internal use.

5. It is found that, as a result of the consultant's letter dated February 21, 1989, the respondent denied the complainants' request.

6. By letter dated February 27, 1989, the complainants appealed to the Commission.

7. The respondent claims the requested records are exempt from disclosure under §1-19(b)(5), G.S.

Docket #FIC 89-77 Page Two

8. It is found that the information the complainants seek is used by the respondent when determining the complainants' future salaries and position advancements.

9. It is found that all details of the factor-point system are submitted in confidence to the respondent and his designated personnel officer for internal use only.

10. It is found that no statute requires the consultant to submit to the respondent any information regarding the factor-point system.

11. It is found that the factor-point system was developed by a private individual who provides its use to the private consultant and public sectors in exchange for a fee.

12. It is found that the private consultant provided the factor-point system to the respondent for a fee as part of her business services.

13. It is further found that details of the factor-point system are information of a commercial or financial nature.

14. Thus it is concluded that the requested records are exempt from disclosure under §1-19(b)(5), G.S., as commercial or financial information given in confidence, not required by statute.

The following order of the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

1. The complaint is hereby dismissed.

PURSUANT TO 4-180(c) C.G.S THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE F.O.I.C., OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

THE PARTIES TO THIS CONTESTED CASE ARE:

KATHRYN E. COLE AND JOHN DAGATA

505 Silas Deane Highway

Wethersfield, CT 06109

WETHERSFIELD TOWN MANAGER

c/o Gary S. Starr, Esquire

Siegel, O'Connor, Schiff, Zangari & Kainen

370 Asylum Street

Hartford, CT 06103

Approved by order of the Freedom of Information Commission at its regular meeting of August 23, 1989.

Tina C. Frappier

Acting Clerk of the Commission