FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Philip D. Tegeler, Alan Rosner and CCLU Foundation,

 

                                Complainants

 

                against                   Docket #FIC 93-336

 

Executive Director, Fairfield Housing Authority,

 

                                Respondent                          October 12, 1994

 

                The above-captioned matter was heard as a contested case on January 19 and April 19, 1994, at which times the complainants and the respondent appeared 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 of complaint filed with this Commission on December 15, 1994, the complainants alleged that the respondent violated the provisions of the Freedom of Information ("FOI") Act by denying their request for certain documents in possession of the housing authority.

 

                3.  It is found that on December 7, 1993, the complainants requested of the respondent access to the original application forms for all participants in the 8 program, all applicants on the waiting list, and all applicants purged from the waiting list during the past twenty-four months.  They also requested any documents indicating each tenant's date of admission to the program and each tenant's federal preference status.

 

                4.  It is found that on or about December 14, 1993, the respondent denied the complainants' request.

 

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

 

                6.  The respondent claimed that the requested records are exempt from disclosure pursuant to 1-19(b)(2), G.S.

 

                7.  It is found that approximately twenty to thirty people per week make inquiries of the respondent as a result of their interest in applying for the 8 program.

 

Docket #FIC 93-336                                             Page 2

 

                8.  It is also found that there are currently 140 families participating in the 8 program with sixty families on the waiting list. 

 

                9.  It is found that the requested records include the following information: names, social security numbers, dates of birth, ages, and sexes, as well as income and asset information for determination of eligibility in the 8 program. 

 

                10.  It is concluded that the application documents for public assistance are not personnel, medical or similar files within the meaning of 1-19(b)(2), G.S.

 

                11.  To the extent that individual application documents may contain medical information taken to evaluate housing needs, it is concluded that those portions of the requested records constitute medical or similar files within the meaning of 1-19(b)(2), G.S.

 

                12.  It is found that the contents of the records at issue are not highly offensive to the reasonable person.

 

                13.  It is also found that the profile and qualifications of 8 applicants for public housing assistance is a legitimate matter of public concern.

 

                14.  It is therefore concluded that the requested records are not exempt from disclosure pursuant to 1-19(b)(2), G.S.

 

                15.  It is accordingly concluded that the respondent violated 1-19(a), G.S., under the facts of this case.

 

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

 

                1.  The respondent shall forthwith provide to the complainants free of cost copies of the requested records identified in paragraph 3 of the findings, above.

 

                2.  In its sound discretion, this Commission declines to order disclosure of the following information contained in the requested records, which information the respondent may redact prior to the disclosure so ordered in paragraph 1 of the order, above:

 

                                social security and telephone numbers;

                                bank account access numbers;

                                any medical information that may be contained therein.

 

Docket #FIC 93-336                                             Page 3

 

Approved by Order of the Freedom of Information Commission at its special meeting of October 12, 1994.

 

                                                                             

                                                Debra L. Rembowski

                                                Clerk of the Commission

 

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:

PHILIP D. TEGELER, ALAN ROSNER and CCLU FOUNDATION

32 Grand Street

Hartford, CT 06106

 

EXECUTIVE DIRECTOR, FAIRFIELD HOUSING AUTHORITY

c/o Michael P.A. Williams, Esq.

Marsh, Day & Calhoun

2507 Post Road

Southport, CT 06490

 

                                                                             

                                                Debra L. Rembowski

                                                Clerk of the Commission