FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Alex F. Carrozelli,

 

                                Complainant

 

                against                   Docket #FIC 94-91

 

Director, Bridgeport Office of Labor Relations,

 

                                Respondent                          February 24, 1995

 

                The above-captioned matter was heard as a contested case on July 14, 1994, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  This case was consolidated for hearing with FIC 94-70, Alex F. Carozzelli against Mayor, City of Bridgeport; Bridgeport City Attorney; Bridgeport Finance Department; Bridgeport Office of Policy and Management; Bridgeport Common Council; and City of Bridgeport;  and FIC 94-177, Alex F. Carozzelli against Acting Director, Bridgeport Office of Policy and Management.

 

                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 March 24, 1994, the complainant appealed to the Commission, alleging that the respondent failed to respond to his March 10, 1994 request for certain records.

 

                3.             It is found that the complainant by letter dated March 10, 1994 requested the resume and job application for fifteen certain city employees; the current wages of those employees; the 1992 wages of the eight employees who were then employed by the city; and the names of any of the identified fifteen employees who performed any degree of work relative to the city's workers compensation program.

 

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

 

                5.             It is found that the respondent provided certain records in response to the complainant's March 10 request on May 23, 1994.

 

Docket #FIC 94-91                                               Page 2

 

                6.             The complainant maintains that the records provided to him are incomplete.

 

                7.             It is found, however, that the respondent fully complied with the complainant's request, aside from the personnel records described below.

 

                8.             The Commission notes that the complainant is free to make further requests for any identifiable documents that he believes he still does not have.

 

                9.             It is also found, however, that the records that were provided were not provided promptly within the meaning of 1-15(a) and 1-19(a), G.S.

 

                10.           It is therefore concluded that the respondent violated 1-15(a) and 1-19(a) by failing to provide copies of public records promptly upon request.

 

                11.           It is found that the records provided were responsive to all but the complainant's request for job applications and resumes, because the respondent believed that those documents contained confidential information such as social security numbers, birthdates, next of kin, and home addresses and telephone numbers.

 

                12.           The respondent maintains that the requested job applications and resumes are exempt from disclosure pursuant to 1-19(b)(2), G.S.

 

                13.           Section 1-19(b)(2), G.S., provides that nothing in the Freedom of Information ("FOI") Act requires disclosure of "personnel or medical files and similar files the disclosure of which would constitute an invasion of personal privacy ...."

 

                14.           It is found that the requested job applications and resumes are personnel or similar files within the meaning of 1-19(b)(2), G.S.

 

                15.           It is also found, however, that the respondent failed to prove that disclosure of anything in those files, with the possible exception of the information identified in paragraph 11, above, would constitute an invasion of personal privacy.

 

                16.           It is therefore concluded that the respondent violated 1-19(b)(2), G.S., by failing to provide the requested job applications and resumes with any private information deleted.

 

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

 

Docket #FIC 94-91                                               Page 3

 

                1.             The respondent shall forthwith provide to the complainant copies of the requested job applications and resumes.  In complying with this order, the respondent may delete any information identified in paragraph 11 of the findings, above.

 

                2.             Henceforth the respondent shall strictly comply with the requirements of 1-15(a) and 1-19(a), G.S.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of February 22, 1995.

 

                                                                             

                                                Debra L. Rembowski

                                                Clerk of the Commission

 

Docket #FIC 94-91                                               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:

 

ALEX F. CARROZELLI

16 Richards Lane

Norwalk, CT 06851

 

DIRECTOR, BRIDGEPORT OFFICE OF LABOR RELATIONS,

c/o John H. Barton, Esq.

Office of the City Attorney

202 State Street

Bridgeport, CT 06604

 

                                                                             

                                                Debra L. Rembowski

                                                Clerk of the Commission