FIC1999-556

FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by			FINAL DECISION
Delores Annicelli,
		Complainant
	against		Docket #FIC 1999-556
Director, New Haven Housing Authority, City of New Haven; and New Haven Housing Authority, City of New Haven,
		Respondents	July 12, 2000

The above-captioned matter was heard as a contested case on March 1, 2000, at which time the complainant and the respondents 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 §1-200(1), G.S. [formerly §1-18a(1), G.S.].

2. It is found that by letter dated November 12, 1999, the complainant, through counsel, requested that the respondent provide her with access to the following records:

a. all records generated by the respondents, or its agents, concerning former employee Elaine Tedesco’s harassment/threatening of Delores Annicelli while in the employ of the respondent authority;

b. all records generated by the respondents, or its agents, concerning former employee Elaine Tedesco’s harassment/threatening of Delores Annicelli, while using the respondent authority telephones;

c. all records generated by the respondents, or its agents, concerning former employee Elaine Tedesco’s harassment/threatening of Delores Annicelli, while using the respondent authority telephones during the hours of her employment with the authority;

d. all rules of conduct, memoranda, general orders, guidelines and directives, governing the authority’s employees use of telephones for private calls during the workday, for calendar years 1996, 1997 and 1998;

e. job description for Elaine Tedesco during her tenure with the authority;

f. all reports, memoranda and/or correspondence setting forth the reason(s) for the termination of Elaine Tedesco from her employment with the authority;

g. all reports, memoranda and/or correspondence generated by the authority, and/or its agents, concerning Tedesco’s threatening of anyone else, other than Annicelli;

h. all reports, memoranda and/or correspondence generated by the authority, and/or its agents, concerning Tedesco’s threatening of anyone else, other than Annicelli while using authority telephones;

i. all reports, memoranda and/or correspondence generated by the authority, and/or its agents, concerning Tedesco’s threatening of anyone else, other than Annicelli while using authority telephones during the hours of her employment with the authority;

j. all reports, memoranda and/or correspondence reflecting a complaint by anyone other than the complainant against Tedesco, which alleges Tedesco harassed/threatened such person; and

k. all reports, memoranda and/or correspondence reflecting whether any disciplinary measures were undertaken by the authority against Tedesco for harassment of anyone one else, other than the complainant

3. Having failed to receive the requested records, the complainant, by letter dated November 24, 1999, and filed on November 26, 1999, appealed to the Commission, alleging that the respondents violated the Freedom of Information Act by denying her access to the requested records.

4. Section 1-200(5), G.S. [formerly §1-18a(5), G.S.] defines public records to mean “[a]ny recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.”

5. Section 1-210(a), G. S. [formerly §1-19(a), G.S.] further provides:

"Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to inspect such records promptly during regular office or business hours or to receive a copy of such records in accordance with the provisions of section 1-212. Any agency rule or regulation, or part thereof, that conflicts with the provisions of this subsection or diminishes or curtails in any way the rights granted by this subsection shall be void."

6. It is found that by letter dated December 1, 1999, the respondents provided the complainant with certain records responsive to her request, however they have not provided three records, which they contend are exempt from disclosure pursuant to §1-210(b)(2), G.S. [formerly §1-19(b)(2), G.S.]. They further contend that the subject of the records, former employee Elaine Tedesco, objects to their disclosure.

7. Section 1-210(b)(2), G.S. [formerly §1-19(b)(2), G.S.], permits the non-disclosure of “[P]ersonnel or medical files and similar files the disclosure of which would constitute an invasion of personal privacy.”

8. Pursuant to Perkins v. Freedom of Information Commission, 228 Conn. 158 (1993), the appropriate test when examining a claim of exemption pursuant to §1-210(b)(2), [formerly §1-19(b)(2), G.S.] is as follows, first the information sought must constitute “personnel or medical files and similar files” and second, two elements must be met: the information sought does not pertain to legitimate matters of public concern, and such information is highly offensive to a reasonable person.

9. Following the hearing in this matter, the respondents submitted the three records at issue to the Commission for an in camera inspection.

10. The in camera records have been marked as follows for identification purposes: IC# 1999-556-1, 1999-556-2 and 1999-556-3.

11. It is found that IC# 1999-556-1, 1999-556-2 and 1999-556-3 are “personnel or medical files and similar files” within the meaning of §1-210(b)(2), G.S. [formerly §1-19(b)(2), G.S.].

12. It is also found that the information contained in IC# 1999-556-1, 1999-556-2 and 1999-556-3 pertains to legitimate matters of public concern.

13. Further, it is found that IC# 1999-556-1, 1999-556-2 and 1999-556-3 do not contain information that is highly offensive to a reasonable person.

14. It is therefore, concluded that disclosure of IC# 1999-556-1, 1999-556-2 and 1999-556-3 would not constitute an invasion of privacy and therefore, such records are not exempt from disclosure pursuant to §1-210(b)(2), G.S. [formerly §1-19(b)(2), G.S.].

15. It is further concluded that the respondents violated §1-210(a), G.S., [formerly §1-19(a), G.S.] when they failed to provide the complainant with access to in camera records IC# 1999-556-1, 1999-556-2 and 1999-556-3

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

1. Forthwith, the respondents shall provide the complainant with a copy of IC# 1999-556-1, 1999-556-2 and 1999-556-3.

Approved by Order of the Freedom of Information Commission at its regular meeting of

July 12, 2000.

_________________________

Melanie R. Balfour

Acting Clerk of the Commission

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:

Delores Annicelli

c/o Atty. Patricia A. Cofrancesco

36 Main Street

East Hartford, CT 06512

Director, New Haven Housing Authority, City of New Haven; and New Haven Housing

Authority, City of New Haven

c/o Atty. Lee Kennedy Tiernan

Lynch, Traub, Keefe and Errante

52 Trumbull Street, PO Box 1612

New Haven, CT 06506-1612

__________________________

Melanie R. Balfour

Acting Clerk of the Commission

FIC1999-556FD/mrb/07/13/00