FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Howard Schleier and Carmine
Lombardi,
Complainants,
against Docket
#FIC 87-197
President, Norwalk State
Technical College,
Respondent October 14, 1987
The above-captioned matter was heard as a contested case
on August 11, 1987, at which time the complainants 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:
1. The respondent
is a public agency within the meaning of §1-18a(a), G.S.
2. By
interdepartmental messages dated June 6 and June 18, 1987, the complainants
requested copies of the following records from the respondent:
a.
the applications of four
candidates who were recommended for promotion to professor in a June 3, 1987,
interdepartmental message sent from the Faculty Advisory Promotion Committee to
the respondent;
b. each committee member's rating sheets
on each of these four candidates;
c. each committee member's rating sheets
on each of the complainants;
d. and documentation of any discussion or
testimony about the applications of the complainants and the four candidates
recommended for promotion to professor.
3. By
interdepartmental messages dated June 15 and 24, 1987, the respondent denied
this request.
4. By letter
dated June 30, 1987, and filed with the
Docket #FIC 87-197 Page
Two
Commission on July 13, 1987,
the complainants appealed to the Commission.
5. The respondent
claims the requested records fall within the §1-19(b)(2), G.S., exemption for
personnel records because disclosure would invade the privacy of other
candidates.
6. The respondent
also claims he does not have the documents described in paragraphs 2b, c and d,
above.
7. It is found
that the respondent does not have the documents described in paragraphs 2b, c
and d, above.
8. It is found
that the documents described in paragraph 2a, above, contain detailed
information about public employees' qualifications for promotions they
voluntarily seek.
9. It is also
found that the qualifications of those who work for the public and are paid by
public funds are matters of legitimate public interest.
10. It is
concluded that the records described in paragraph 2a, above, are not exempt
from disclosure under §1-19(b)(2), G.S.
11. It is also
concluded that the respondent violated §§1-15 and 1-19(a), G.S., by withholding
from the complainants the records described in paragraph 2a, above.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint:
1. The respondent
forthwith shall provide the complainants with copies of the records described
in paragraph 2a, above.
2. The complaint
as to the records described in paragraphs 2b, c and d, above, is dismissed.
Approved by order of the Freedom of Information
Commission at its regular meeting of October 14, 1987.
Catherine
H. Lynch
Acting
Clerk of the Commission