FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by Final Decision

 

Carol Guy,

 

Complainant

 

against Docket #FIC 91-326

 

East Hartford Personnel Director,

 

Respondent May 13, 1992

 

The above-captioned matter was heard as a contested case on March 27, 1992, 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 September 30, 1991 and filed October 2, 1991, the complainant appealed to the Commission alleging that the respondent denied her access to certain public records.

 

3. It is found that by memorandum dated September 18, 1991, the complainant requested from the respondent a copy of the "Certified List for the position of Personnel Assistant," (hereinafter "position") for the town of East Hartford. In addition, the complainant requested that the respondent provide her with the name of the individual selected for the position and the selection criteria for the position.

 

4. By reply memorandum dated September 26, 1991, the respondent informed the complainant that he would not provide the list of names of the unsuccessful candidates for the position. The respondent did disclose the name of the candidate who obtained the position, and described the selection process for the position to the complainant.

 

Docket #FIC 91-326 Page 2

 

5. It is found that the complainant is specifically seeking the names of the unsuccessful applicants for the position, rather than their qualifications for the position.

 

6. It is found that the respondent maintains a list of persons who underwent an oral examination for the position that was administered by a panel of personnel specialists from other towns.

 

7. It is found that the list contains the names of the applicants and the numerical rank assigned by the examiners for each applicant.

 

8. It is concluded that the requested record is a public record within the meaning of 1-18a(d), G.S.

 

9. Section 1-19(b)(2), G.S., permits the nondisclosure of "personnel, medical and similar files the disclosure of which would constitute an invasion of personal privacy."

 

10. The respondent maintains that the list requested by the complainant should remain confidential to protect the privacy interests of individuals who were not hired for the position and are not public employees.

 

11. It is concluded that the names of the unsuccessful candidates that appear on the respondent's list described in paragraphs 6 and 7, above, are exempt from disclosure pursuant to 1-19(b)(2), G.S.

 

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 regular meeting of May 13, 1992.

 

 

Karen J.Haggett

Clerk of the Commission

 

Docket #FIC 91-326 Page 2

 

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:

MS. CAROL GUY

Town Councillor

740 Main Street

East Hartford, CT 06108

 

MR. WILLIAM GOGGIN

Director of Personnel

740 Main Street

East Hartford, CT 06108

 

 

Karen J.Haggett

Clerk of the Commission