FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

Howard Schleier and Carmine Lombardi,

 

Complainants,

 

against Docket #FIC 87-197

 

President, Norwalk State Technical College,

 

Respondent October 14, 1987

 

The above-captioned matter was heard as a contested case on August 11, 1987, at which time the complainants 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:

 

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

 

2. By interdepartmental messages dated June 6 and June 18, 1987, the complainants requested copies of the following records from the respondent:

 

a. the applications of four candidates who were recommended for promotion to professor in a June 3, 1987, interdepartmental message sent from the Faculty Advisory Promotion Committee to the respondent;

 

b. each committee member's rating sheets on each of these four candidates;

 

c. each committee member's rating sheets on each of the complainants;

 

d. and documentation of any discussion or testimony about the applications of the complainants and the four candidates recommended for promotion to professor.

 

3. By interdepartmental messages dated June 15 and 24, 1987, the respondent denied this request.

 

4. By letter dated June 30, 1987, and filed with the

 

Docket #FIC 87-197 Page Two

 

Commission on July 13, 1987, the complainants appealed to the Commission.

 

5. The respondent claims the requested records fall within the 1-19(b)(2), G.S., exemption for personnel records because disclosure would invade the privacy of other candidates.

 

6. The respondent also claims he does not have the documents described in paragraphs 2b, c and d, above.

 

7. It is found that the respondent does not have the documents described in paragraphs 2b, c and d, above.

 

8. It is found that the documents described in paragraph 2a, above, contain detailed information about public employees' qualifications for promotions they voluntarily seek.

 

9. It is also found that the qualifications of those who work for the public and are paid by public funds are matters of legitimate public interest.

 

10. It is concluded that the records described in paragraph 2a, above, are not exempt from disclosure under 1-19(b)(2), G.S.

 

11. It is also concluded that the respondent violated 1-15 and 1-19(a), G.S., by withholding from the complainants the records described in paragraph 2a, above.

 

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

 

1. The respondent forthwith shall provide the complainants with copies of the records described in paragraph 2a, above.

 

2. The complaint as to the records described in paragraphs 2b, c and d, above, is dismissed.

 

Approved by order of the Freedom of Information Commission at its regular meeting of October 14, 1987.

 

 

Catherine H. Lynch

Acting Clerk of the Commission