FREEDOM OF INFORMATION COMMISSION |
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In the Matter of a Complaint by | FINAL DECISION | ||
Barry L. Natale, | |||
Complainants | |||
against | Docket #FIC 1997-353 | ||
Director of Human
Resources, City of Stamford, |
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Respondents | July 22, 1998 |
The above-captioned matter was heard as a contested case on April 29, 1998, 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 October 20, 1997, the complainant requested that the respondent provide him with the following:
a. Certified copies of all employer references collected from [his] past and present employers; and b. Certified copies of all personal references collected subsequent to [his] application for employment.
3. Having failed to receive a response to his request, the complainant appealed to this Commission by letter dated November 4, 1997 and filed November 5, 1997.
4. It is found that the requested records are public records within the meaning of §§1- 18a(4) and 1-19(a), G.S.
5. Section 1-19(a), G.S., provides in relevant part:
[e]xcept as otherwise provided by any federal law or state statute, all records maintained by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to inspect such records promptly during regular office hours or to receive a copy of such records in accordance with the provisions of section 1-15 .
6. Section 1-15(a), G.S., provides in relevant part that:
[a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record .
7. It is found that the complainant had been a candidate for employment with the Stamford Police Department in 1996.
8. It is further found that the complainant signed a background information waiver (hereinafter waiver) on April 27, 1996, in which he agreed to waive all rights to review any written background investigation files related to him. It is also found that, although it was not signed by a representative of the City of Stamford, the waiver stated that the city agreed not to reveal to others background information related to the complainant without the complainants prior written consent.
9. The respondent contends that the complainant is precluded from pursuing this complaint by virtue of the waiver described in paragraph 8, above, and that the Commission has no authority to nullify such waiver. The respondent also contends that the persons contacted as employer and personal references provided information to the city in reliance on the fact that such information would not be shared with the complainant, and further contends that an order to disclose such information would have a chilling effect on the citys ability to obtain honest assessments of employment applicants in the future.
10. It is found that the city was without authority to place the condition on release of public records, as described in paragraph 8, above, since an agency cannot shield public records from disclosure simply by giving assurances of confidentiality. Kuresczka v. Freedom of Information Commission, 228 Conn. 271, 280, 277 (1994). Therefore, it is concluded that the waiver described in paragraph 8, above, does not preclude the complainant from pursuing this complaint.
11. It is found that the respondent failed to prove that any federal law or state statute provides a basis to withhold the records described in paragraph 2, above, and it is therefore concluded that the respondent violated §§1-19(a) and 1-15(a), G.S., by failing to promptly provide certified copies of such records to the complainant.
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 the complainant with certified copies of the records described in paragraph 2 of the findings, above, without charge.
2. Henceforth, the respondent shall strictly comply with the provisions of §§1-19(a) and 1-15(a), G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of July 22, 1998.
_________________________ Doris V. Luetjen Acting 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:
Barry L. Natale P.O. Box 1383 Stamford, CT 06904-1383
Director of Human Resources, City of Stamford c/o Atty. Barry J. Boodman Assistant Corporation Counsel 888 Washington Boulevard P.O. Box 10152 Stamford, CT 06904-2152
__________________________ Doris V. Luetjen Acting Clerk of the Commission
FIC1997-353/FD/tcg/07291998