FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Rosalie L. Wallace

Complainant

against Docket #FIC 86-193

Personnel Director of The City of Hartford

Respondent September 23, 1986

The above captioned matter was scheduled for hearing August 18, 1986, at which time the parties 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. On June 30, 1986, the complainant requested the score received by Audrey Burchell on the Senior Clerk test which Ms. Burchell took in June, 1985.

3. The respondent refused to disclose the score on July 8, 1986, and on that date the complainant filed her complaint with the Commission.

4. Ms. Burchell obtained a position in Licenses and Inspections for the City of Hartford after taking the test.

5. The respondent claimed that the the score was exempt from disclosure under 1-19(b)(2), and 31-128(f), G.S.

6. 31-128(f),G.S. requires that an employer withhold the contents of an employee's personnel file unless the employee consents to disclosure.

7. 31-128a(2),G.S. defines the term "employer" which is used in 31-128(f): "'[e]mployer' means an individual, corporation, partnership or unincorporated association."

Docket # FIC 86-193 page two

8. It is found that the requested record is not exempt from disclosure under 31-128(f),G.S., because the respondent is not an "employer" as defined at 31-128a(2), G.S.

9. 1-19(b)(2), G.S. exempts from disclosure personnel or medical and similar files the disclosure of which would constitute an invasion of personal privacy.

10. It is found the public has a legitimate interest in the score of a person who passes an exam for public employment which outweighs the embarrassment or humiliation which might be experienced by the person whose score is disclosed.

11. It is concluded that the respondent failed to prove that the requested score is exempt from disclosure under 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 respondent shall disclose the requested score to the complainant within one week of the date this order is adopted by the Commission.

Approved by order of the Freedom of Information Commission at its special meeting of September 23, 1986.

ÿ

Karen J. Haggett

Clerk of the Commission