FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

James Dolan and AFSCME, Local 391,

 

                        Complainants

 

            against              Docket #FIC 91-401

 

Warden, Connecticut Correctional Institution at Somers,

 

                        Respondent                  December 9, 1992

 

            The above-captioned matter was heard as a contested case on June 23, 1992, at which time the complainants and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  At the hearing, the request of corrections officer Jackie Foster to be made a party was granted.  Following the hearing, the documents that are described in paragraph 11 of the findings, below, were submitted to the Commission for in camera inspection.

 

            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 of complaint filed December 27, 1991, the complainants appealed to the Commission, alleging that their request for documents was denied.

 

            3.         It is found that the complainants by letter dated December 12, 1991 requested copies of any and all documents, including incident reports and letters, concerning corrections officer Jackie Foster and an incident she had been involved in.

 

            4.         It is found that the documents concerned information relating to a sexual assault on officer Foster that occured during the performance of her duties as a corrections officer.

 

            5.         It is concluded that the requested documents are public records within the meaning of 1-18a(d) and 1-19(a), G.S.

 

            6.         It is also found that the requested documents are part of officer Foster's personnel or similar file, within the meaning of 1-19(b)(2), G.S.

 

            7.         It is found that the complainant Local 391 is the union that represents officer Foster.

 

Docket #FIC 91-401                           Page 2

 

            8.         It is found that the respondent requested that the complainants obtain written authorization from officer Foster for the release of the documents.

 

            9.         It is found that the respondent also contacted officer Foster, who objected to the release of the requested documents.

 

            10.       It is also found that the respondent released documents that he believed would not invade officer Foster's privacy, such as the final letter of discipline.

 

            11.       It is found that the only documents at issue in this complaint and not released to the complainants are two pages submitted to the Commission for in camera inspection, consisting of a memorandum from the respondent to Assistant Deputy Commissioner of Corrections Tuthill.

 

            12.       It is found that the memorandum referenced in paragraph 11, above, describes the incident involving the sexual assault of officer Foster, her reaction to that assault, and a disciplinary recommendation concerning her reaction.

 

            13.       It is found that disclosure of the memorandum described in paragraph 11, above, would result in the reopening of an emotionally traumatic and painful episode in officer Foster's life.

 

            14.       It is found that officer Foster has a subjective expectation of privacy in the information contained in the memorandum.

 

            15.       The complainants maintain that disclosure of the memorandum is justified because they believe officer Foster received different disciplinary treatment from other officers in similar circumstances.

 

            16.       It is found, however, that the nature and reasons for the disciplinary action taken against officer Foster are generally known to the complainants, and that no significant public purpose would be served by disclosure of the memorandum.

 

            17.       It is concluded that society is prepared to accept as reasonable officer Foster's expectation of privacy in the memorandum.

 

            18.       It is therefore concluded that the memorandum described in paragraph 11, above, is permissibly exempt from disclosure pursuant to 1-19(b)(2), G.S.

 

            19.       The complainants maintain that they have a right to disclosure of the memorandum pursuant to the terms of their collective bargaining agreement with the respondent.

 

Docket #FIC 91-401                           Page 3

 

            20.       It is concluded, however, that the Commission lacks jurisdiction to enforce the terms of the collective bargaining agreement.

 

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

 

            1.         The complaint is dismissed.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of December 9, 1992.

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission

 

Docket #FIC 91-401                           Page 4

 

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:

James Dolan

AFSCME Local 391

49 Maple Street

P.O. Box 412

Somerville, CT 06072

 

Warden, Connecticut Correctional Institution at Somers c/o Assistant Attorney General Margaret Quilter Chapple

110 Sherman Street

Hartford, CT 06105

 

Jacqueline Foster Eady

837 State Street

Springfield, MA 01119

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission