FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Shawn Collins,
Complainant
against Docket #FIC 89-419
Director of Human Resources, State of Connecticut Department of Correction,
Respondent May 9,1990
The above-captioned matter was heard as a contested case on March 19, 1990, at which time the complainant 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. On October 13, 1989, the complainant requested through counsel any and all documentation (obtained by the respondent from any source) concerning the complainant's job application filed with the department of corrections on May 6, 1989 for the position of corrections officer.
3. Alleging failure to receive a response, the complainant filed an appeal to this Commission on November 8, 1989.
4. The only document in issue at the time of hearing was a one-page document entitled "reference investigation form."
5. It is found that after the complainant applied to the respondent for a job, a then-employee of the respondent contacted three former employers of the complainant for job references.
6. It is found that information from the oral reference in issue was transcribed by the respondent onto the reference investigation form.
7. The respondent claims that but for its assurances to that reference-person that the information would be held in
Docket #FIC 89-419 Page 2
confidence, the respondent would not have received the reference information concerning the complainant.
8. The respondent also claims that the information sought is exempt from disclosure pursuant to 1-19(b)(2), G.S.
9. It is found that although the complainant had passed the written and physical examinations administered to him by the respondent and had been given reason to believe he would be granted a position in October, he was informed by the respondent in September that he was denied the position based upon a negative reference received from a past employer.
10. It is found that although the promise of confidentiality alone is not a statutory exemption to disclosure of records under the FOI Act, under the circumstances of this case the Commission declines to order disclosure of the references sought.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The complaint is hereby dismissed.
2. The Commission cautions, however, that henceforth it will not honor a mere promise of confidentiality in the absence of a statutory exemption under the FOI Act.
3. The Commission suggests that the complainant may wish to explore with his attorney the possibility of relief under provisions of the personal data act pursuant to 4-190, G.S.
Approved by order of the Freedom of Information Commission at its regular meeting of May 9, 1990.
Tina C. Frappier
Acting Clerk of the Commission
Docket #FIC 89-419 Page 3
PURSUANT TO SECTION 4-180(c), G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.
THE PARTIES TO THIS CONTESTED CASE ARE:
SHAWN COLLINS
c/o Joseph B. Burns, Esq.
Steven H. Meyer, Esq.
Hoberman & Pollack, P.C.
One State Street
Hartford, CT 06103
DIRECTOR OF HUMAN RESOURCES, STATE OF CONNECTICUT, DEPARTMENT OF CORRECTION
c/o Margaret Quilter Chapple
Assistant Attorney General
MacKenzie Hall
110 Sherman Street
Hartford, CT 06105
Tina C. Frappier
Acting Clerk of the Commission