FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by			FINAL DECISION
Sophie Marek,
		Complainants
	against		Docket #FIC 2002-108
First Seclectman, Town of Salem
		Respondent	July 24, 2002

 

The above-captioned matter was heard as a contested case on May 6, 2002, 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 §1-200(1), G.S.

 

2.      By memorandum dated March 14, 2002, the complainant made a request to the respondent for a copy of a letter from Peter Sielman, First Selectman, Town of Salem, to members of the Board of Finance, dated March 3, 2002, which related to the complainant’s performance and was discussed at a special meeting of the Board of Finance on March 13, 2002.

 

3.  By a handwritten note dated March 14, 2002, the respondent denied the complainant’s request.

 

4.  By letter dated and filed on March 14, 2002, the complainant appealed to this Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by denying her record request.

 

 

 

 

 

5.      Section 1-210(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 receive a copy of such records in accordance with the provisions of section 1-212.

 

6.      Section 1-212(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 requested record is a public record within the meaning of §1-210(a), G.S.

 

8.  Section 1-210(b)(2), G.S., in relevant part provides for the nondisclosure of "personnel or medical files and similar files the disclosure of which would constitute an invasion of personal privacy."

 

           9.  The respondent contends that a) the requested record is exempt from disclosure pursuant to §1-210(b)(2), G.S. and b) he faced a “moral dilemma” because he had asked members of the Board of Finance not to disclose the letter and he did not want to “go back on his word.”

 

           10.  It is found, however, that the chairman of the Board of Finance had released the letter to a newspaper, which published portions of the letter.

 

           11.  It is found that the requested record is not exempt from disclosure pursuant to 1-210(b)(2), G.S.

 

           12.  In addition, §1-213(a)(2), G.S. requires disclosure of "personnel files …to the individual who is the subject of such information."

 

13. It is also found that the respondent’s so-called “dilemma” was one entirely of his own making by asking members of the Board of Finance not to reveal the letter, contrary to the provisions of §§ 1-210(a) and 1-212(a), G.S., and in no way mitigates his failure to promptly comply with the complainant’s request.

 

            14.  It is therefore concluded that the respondent violated the provisions of §§1-210(a), 1-212(a), and 1-213(a)(2), G.S., by failing to promptly comply with the complainant’s record request.

 

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, at no charge, the complainant with a copy of the record, as described in paragraph 2.

 

2.  Henceforth, the respondent shall comply with the provisions of the Freedom of Information Act in determining whether to comply with a request for records under that act.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of July 24, 2002.

 

_______________________________________

Petrea A. Jones

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:

 

Sophie Marek

Town of Salem

270 Hartford Road

Salem, CT 06420

 

First Selectman, Town of Salem

270 Hartford Road

Salem, CT 06420

 

 

 

________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2002-108/FD/paj/7/29/2002