FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

Carole Yudain,

 

Complainant

 

against Docket #FIC 89-270

 

Greenwich Emergency Medical Services and Town of Greenwich Director of Health,

 

Respondent September 13, 1989

 

The above-captioned matter was heard as a contested case on August 7, 1989 and September 13, 1989, 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 1-18a(a), G.S.

 

2. By letter dated June 15, 1989, the complainant requested resumes of original applicants for the position of executive director of GEMS (Greenwich Emergency Medical Services), with applicants' names and addresses redacted.

 

3. By letter dated June 21, 1989, the complainant also requested of the respondent director of health a copy of his original resume submitted when he applied for his position as director of health.

 

4. By letter dated June 30, 1989, the respondent GEMS denied the complainant's request.

 

5. By letter dated July 1, 1989 and filed with the Commission on July 5, 1989, the complainant appealed the respondent GEMS's denial of her request.

 

6. By letter dated July 1, 1989 and filed with the Commission on July 5, 1989, the complainant also appealed the respondent director of health's denial of her request.

 

7. The respondent GEMS claims that the names and other identifying information of the unsuccessful applicants are exempt from disclosure pursuant to 1-19(b)(2), G.S.

 

Docket #FIC 89-270 Page Two

 

8. At the hearing the respondent GEMS agreed to provide the complainant with the resumes of the unsuccessful applicants with personally identifiable information such as names, addresses and previous titles held redacted.

 

9. It is found that the respondent director of health claims disclosure of his resume would violate 1-19(b)(2), G.S.

 

10. It is found that the resume of the respondent director of health is kept on file in the personnel division of the Greenwich town hall.

 

11. It is found that the public has a legitimate interest in the qualifications and capabilities of public employees.

 

12. It is concluded therefore, that the resume of the respondent director of health is a public record pursuant to 1-18a(d), G.S.

 

13. It is found that the respondent director of health, who voluntarily chose to serve the public and be paid with public funds, has very limited personal privacy rights in matters pertaining to his public employment.

 

14. It is further found that there is a heightened public interest in the disclosure of these records about its employee since he was entrusted with the public's health care.

 

15. It is concluded, therefore, that the public interest in the disclosure of respondent director of health's resume outweighs the privacy interest of the respondent; therefore, 1-19(b)(2), G.S., does not apply.

 

16. It is concluded that the respondent director of health violated 1-15 G.S., by not providing a copy of his resume promptly.

 

17. It is further concluded that the respondent director of health violated 1-21i, G.S, when he did not respond to the complainant's request within four business days.

 

18. It is found that on September 9, 1989, the respondent director of health provided the complainant with a copy of the the resume more fully described in paragraph 3 of the findings, above.

 

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

 

1. The respondent GEMS shall provide the complainant with the records more fully described in paragraph 2 of the findings, above.

 

2. In complying with paragraph 1 of this order, the respondent GEMS may mask or otherwise delete the names, addresses, social security numbers and any other personally identifiable information.

 

Docket #FIC 89-270 Page 3

 

3. The respondent director of health shall henceforth act in strict compliance with 1-21i, G.S.

 

PURSUANT TO 4-180(c) C.G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE F.O.I.C., OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

CAROLE YUDAIN

22 Valleywood Road

Cos Cob, CT 06807

 

GREENWICH EMERGENCY MEDICAL SERVICES

c/o William H. Narwold, Esquire

Cummings & Lockwood

CityPlace

Hartford, CT 06103

 

TOWN OF GREENWICH DIRECTOR OF HEALTH

c/o Staurt Bear, Esquire

Zeldes, Needle & Cooper, P.C.

333 State Street

P.O. Box 1740

Bridgeport, CT 06601

 

Approved by order of the Freedom of Information Commission at its regular meeting of September 13, 1989.

 

 

Tina C. Frappier

Acting Clerk of the Commission