FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

John Ward,

 

Complainant

 

against Docket #FIC 86-347

 

Sergeant Cannon, Troop "A", Division of State Police of the Department of Public Safety of the State of Connecticut,

 

Respondent May 27, 1987

 

The above-captioned matter was scheduled for hearing on January 26, 1987. Due to a snow storm on the day scheduled for the hearing, it was rescheduled to March 9, 1987, from which time it was continued to April 13, 1987, at which time the parties appeared and presented evidence and argument on the complaint.

 

After consideration of the entire record, the following facts are found:

 

1. The respondent is a public agency within the meaning of 1-18a(a), G.S.

 

2. By complaint filed December 22, 1986, the complainant alleged he had been denied copies of his application file for the position of Auxiliary State Police Trooper.

 

3. At hearing in April the respondent provided the complainant with a copy of his application and promised to send him certain records which were not included in the file.

 

4. The respondent claimed that the record was available to the complainant only under 4-190, G. S., et seq., and that it was exempt from disclosure under 1-19(b)(2), G.S.

 

Docket #FIC 86-347 page two

 

5. It is found that 1-19b, G.S., provides that the Act shall be construed as requiring each public agency to disclose information in its personnel files to the individual who is the subject of such information.

 

6. It is further found that under 1-19(b)(2), G.S., disclosure of a background investigation of a job applicant to himself does not constitute an invasion of his personal privacy.

 

7. It is concluded therefore that the record is not exempt from disclosure under 1-19, G.S.

 

8. It is concluded that the respondent failed to provide the requested copies promptly as required by 1-19(a), G.S.

 

9. The respondent's claim that the test data which was disclosed to the complainant is exempt under 1-19(b)(6), G.S., is not treated here because it is moot.

10. The complainant asked that the respondent be required to provide the records, herein, free of charge because disclosure is in the public interest.

 

11. It is found that the determination whether disclosure of the records which were the subject of the request is in the public interest is a determination which should be made by the custodial agency.

 

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

 

1. Henceforth, the respondent shall respond to requests for copies of records promptly as required by 1-19(a), G.S.

 

Approved by order of the Freedom of Information Commission at its regular meeting of May 27, 1987.

 

 

Catherine I. Hostetter

Acting Clerk of the Commission