FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Richard E. Dalla Valle,
Complainant
against Docket #FIC 90-294
Personnel Manager, City of Torrington,
Respondent January 23, 1991
The above-captioned matter was heard as a contested case on November 20, 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. By letter dated July 27, 1990, the complainant requested of the respondent the eligibility rosters for the period January 1987 - December 1987 indicating the names, test scores and rankings for applicants tested.
3. On July 31, 1990, the respondent denied this request.
4. By letter filed with this Commission on August 10, 1990, the complainant appealed this denial.
5. It is concluded that the requested records are public records within the meaning of 1-18a(d), G.S.
6. It is further found that the requested records are civil service eligibility rosters created pursuant to 7-410, G.S., and that the civil service tests were administered by the Torrington Civil Service Commission.
7. It is concluded that the requested records are not personnel or medical files and similar files within the meaning of 1-19(b)(2), G.S.
8. It is found that the requested records contain the test scores of approximately 25-30 individuals.
Docket #FIC 90-294 Page 2
9. It is also found that of those scores contained in the records, five are scores of current city employees.
10. The respondent claims that four of the five employees identified in paragraph 9, above, objected to disclosure of their scores claiming that such disclosure would constitute a violation of their privacy pursuant to 1-19(b)(2), G.S.
11. It is found that the rosters include notations concerning when and if a job were offered, whether the job was accepted, and when an individual was hired, in addition to raw test scores on typing including margins and numbers of errors.
12. It is found that the requested records contain no strictly personal information such as personal financial information, family or health information, or religious affiliation.
13. The respondent states that he claims no other basis for non-disclosure other than the objections by the four city employees identified in paragraph 10, above.
14. It is concluded that even if the requested records were personnel or medical files and similar files within the meaning of 1-19(b)(2), G.S., the disclosure of such records would not constitute an invasion of personal privacy within the meaning of that section.
15. It is concluded that the respondent violated 1-19(a), G.S. by failing to provide the complainant with access to the requested records.
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 complainant with access to the requested records more fully described in paragraph 2, above.
2. In complying with order number 1, above, the respondent may redact the names of those persons who were not hired by the City of Torrington.
Approved by order of the Freedom of Information Commission at its regular meeting of January 23, 1991.
Tina C. Frappier
Acting Clerk of the Commission
Docket #FIC 90-294 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:
RICHARD E. DALLA VALLE
2691 Newfield Road
Torrington, CT 06790
PERSONNEL MANAGER, CITY OF TORRINGTON
c/o Albert G. Vasko, Esq.
140 Main Street
Torrington, CT 06790
Tina C. Frappier
Acting Clerk of the Commission