FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Christopher Keating, and Greenwich Time,
Complainant
against Docket #FIC 89-377
Personnel Director, Town of Greenwich,
Respondent August 22, 1990
The above-captioned matter was heard as a contested case on February 13, 1990, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.
The requested evaluations were submitted for in camera inspection by the respondent.
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 September 28, 1989, the complainants requested the job performance evaluations of the top management employees of the Town of Greenwich (hereinafter, "Town").
3. By complaint filed October 12, 1989, the complainants claimed they were denied access to the requested records on October 3, 1989.
4. It is found that the requested evaluations are those of the "S" level employees of the Town.
5. It is found that the requested evaluations are based upon management by objective principles: they contain statements of goals and objectives, performance ratings and explanatory comments which relate to job performance. They do not contain statements which pertain to the private lives of the "S" level employees.
6. The respondent claims that the evaluations are
#FIC 89-377 page two
exempt from disclosure pursuant to 1-19(b)(2), G.S., and because disclosure would harm the relationship between the evaluators and top management employees by destroying the trust which is required to make the evaluation process work.
7. It is found that the public has a legitimate interest in the performance of high level managerial employees of the respondent.
8. It is found that the requested evaluations do not contain material which if disclosed would constitute an invasion of personal privacy.
9. It is found that the institutional needs for confidentiality, which are cited as the basis for the nondisclosure of the evaluations by the respondent, are not included within the scope of the exemption to disclosure which is set forth at 1-19(b)(2), G.S.
10. It is concluded that the requested evaluations are not exempt from disclosure pursuant to 1-19(b)(2), G.S.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.
1. The respondent shall provide the complainants with the requested evaluations within two weeks of the issuance of the final decision in this matter.
Approved by order of the Freedom of Information Commission at its regular meeting of August 22, 1990.
Tina C. Frappier
Acting Clerk of the Commission
#FIC 89-377 page three
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:
CHRISTOPHER KEATING AND GREENWICH TIME
c/o James Imbriaco, Esq.
Vivian A. Rattay, Esq.
Times Mirror
780 Third Avenue - 40th Floor
New York, NY 10017
PERSONNEL DIRECTOR, TOWN OF GREENWICH
c/o Thomas N. Sullivan, Esq.
Sullivan, Lettick & Schoen
646 Prospect Avenue
Hartford, CT 06105
Tina C. Frappier
Acting Clerk of the Commission