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FREEDOM OF INFORMATION
COMMISSION |
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In
the Matter of a Complaint by |
FINAL
DECISION |
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Levoy
E. Baker, |
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Complainants |
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against |
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Docket
#FIC 1999-346 |
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Police
Department, State of Connecticut, |
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Respondents |
January
12, 2000 |
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The above-captioned matter was heard as a contested case on September 28, 1999, 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 respondents are public agencies within the meaning of §1-200(1), G.S. [§1-18a(1), G.S.].
2. By letter dated July 13, 1999, the complainant requested from the respondent department copies of all documents used in the decision making process for promotions and assignments at the respondent department, i.e. oral board results and training records.
3. It is found that the respondents failed to respond to the complainant’s request of July 13, 1999.
4. By letter dated July 27, 1999 and filed with this Commission on August 3, 1999, the complainant appealed the respondents’ denial of his request.
5. Section 1-210(a), G.S. [formerly §1-19(a), G.S.], provides in relevant part that:
[e]xcept as otherwise provided by any federal law or state statute, all records maintained or kept on file 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 or business hours or to receive a copy of such records in accordance with the provisions of section 1-212.
6. Section 1-212(a), G.S. [formerly §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 to the extent that the requested records exist, such records are public records within the meaning of §1-210(a), G.S. [formerly §1-19(a), G.S.].
8. At the hearing on this matter, the complainant clarified his request as one for any documents used to make promotional decisions between January 1991 and October 7, 1998 which show that the individuals promoted were more qualified than the complainant for the promotion.
9. It is found that the respondent department has made promotions between January 1, 1991 and October 7, 1998, and that the promotional process consists of: 1) posting the position; 2) receiving applications from individuals interested in the position; 3) review of those applicants’ general qualifications, higher education, job performance, current status, and 4) review of recommendations from applicants’ present supervisors.
10. It is found, however, that there is no specific document or documents which state that any individual is more qualified than any other, including the complainant and that no such comparison was made with respect to the complainant.
11. Notwithstanding the finding in paragraph 10, above, it is found that the respondents failed to promptly respond to the complainant.
12. Consequently, it is concluded that the respondents violated the FOI Act by failing to promptly respond to the complainant’s request of July 13, 1999.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.
1. Forthwith, the respondents shall provide the complainant with copies of the records used during the promotional process between January 1, 1991 and October 7, 1998, free of charge.
Approved by Order of the Freedom of Information Commission at its regular meeting of
January 12, 2000.
_________________________
Melanie R. Balfour
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:
Levoy E. Baker
119 Oakwood Avenue
West Hartford, CT 06119
Police Department, State of Connecticut, University of Connecticut; and State of
Connecticut, University of Connecticut
c/o Atty. Paul M. Shapiro and
Atty. Paul S. McCarthy
Assistant Attorneys General
UCONN, Box U-177
605 Gilbert Road
Storrs, CT 06269-1177
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC1999-346FD/mrb/01/19/00