In the Matter of a Complaint by FINAL DECISION


Aldene Burton,




against Docket #FIC 88-12


Personnel Director of the City of Torrington,


Respondent July 27, 1988


The above-captioned matter was heard as a contested case on February 26, 1988, at which time the complainant and the respondent 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 letter of complaint filed January 5, 1988, the complainant alleged the respondent failed to provide him with the names of the persons who had applied for the position of Administrative Assistant to the Mayor.


3. The complainant had requested the names and had been denied by the respondent on December 31, 1987.


4. The respondent claims that the names of the applicants are exempt from disclosure.


5. It is found that the names of unsuccessful applicants have not been disclosed to the public.


6. It is found that the names of the unsuccessful applicants are exempt from disclosure under 1-19 (b)(2), G.S., because disclosure would constitute an invasion of personal privacy.


7. It is found that the name of the successful applicant is not exempt from disclosure. However, disclosure of his name will not satisfy the complainant because he already knows who obtained the job.


Docket #FIC 88-12 page two



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


1. The complaint is hereby dismissed.


Approved by order of the Freedom of Information Commission at its special meeting of July 27, 1988.


Catherine H. Lynch

Acting Clerk of the Commission