FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Patty McQueen
and the Journal Inquirer,
Complainants
against Docket #FIC 86-181
Superintendent
of Schools and Board of Education of the Town of South Windsor,
Respondents October 22 , 1986
The above-captioned matter was heard
as a contested case on July 29, 1986, at which time the complainants and the
respondents appeared and presented testimony, exhibits and argument on the
complaint.
After consideration of the entire
record, the following facts are found:
1. The
respondents are public agencies within the meaning of 1-18a(a), G.S.
2. By
letter dated June 11, 1986 the complainants made a request of the respondent
superintendent for access to the work attendance records of Robert Myette, a
teacher at South Windsor High School.
The letter indicated that the complainants did not seek access to
information about the reasons for Mr. Myette's absences.
3. The
complainants' request was denied by letter dated June 17, 1986.
4. By
letter of complaint filed with the Commission on June 23, 1986 the complainants
appealed the denial of their request for records.
5. At
hearing the South Windsor Education Association requested and was granted
permission to participate as an intervenor at the hearing level only.
6. The
respondent claims that the records of a teacher's attendance are examined to
detect patterns of abuse and to determine whether stated reasons are
legitimate, that attendance is part of a performance evaluation and that the
records of Mr. Myette's attendance are, therefore, exempt from disclosure
pursuant to 10-151c, G.S.
Docket #FIC
86-181 Page Two
7. The
respondent also claims that the forms which record absences are kept in each
teacher's personnel file, that the forms disclose the reason for the absence
and that disclosure of the forms would constitute an invasion of personal
privacy within the meaning of 1-19(b)(2), G.S.
8. The
information in question is recorded on a form entitled "employee sick and
excused time," which lists dates, number of sick/excused days used and
left and the reasons for absences. The
reasons are listed in separate columns which could be masked for purposes of
disclosure as requested by the complainants.
9. It
is found that the record of a teacher's attendance is not a record of teacher
performance or evaluation within the meaning of 10-151c, G.S.
10. It
is also found that the public has a legitimate interest in the attendance
records of individuals paid from public funds.
11. The
respondent failed to prove that disclosure of the work attendance records of
Robert Myette, without more, would constitute an invasion of personal privacy
within the meaning of 1-19(b)(2), G.S.
12. It
is concluded that the records of Robert Myette's attendance as a teacher in the
South Windsor school system are subject to disclosure pursuant to
1-15 and 1-19(a), G.S.
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint.
1. The
respondent shall forthwith provide the complainant with access to inspect or
copy the attendance records of Robert Myette, a teacher in the South Windsor
school system.
2. In
complying with paragraph 1 of the order, above, the respondent may mask or
delete from such records information other than dates of absences.
Approved by order of the Freedom of
Information Commission at its regular meeting of October 22, 1986.
ÿ
Karen J.
Haggett
Acting Clerk of the Commission