FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Joseph Caprio,

Complainant

against Docket #FIC 87-278

State Building Inspector, Connecticut Department of Public Safety,

Respondent January 13, 1988

The above-captioned matter was heard as a contested case on November 3, 1987, 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:

1. The respondent is a public agency within the meaning of §1-18a(a), G.S.

2. By letter dated September 1, 1987, the complainant requested copies of the building certificates and the electrical, plumbing and steamfitting (heating) licenses of the respondent and Bernard Cabelus.

3. By letter dated September 11, 1987, the complainant requested copies of the building certificates, the electrical licenses and the test papers of nine building officials, including the respondent.

4. By letter dated September 14, 1987, the deputy commissioner of the Department of Consumer Protection stated his records did not indicate that the respondent or Bernard Cabelus have or have held a plumbing, electrical or steamfitting (heating) license. The deputy commissioner advised the complainant to contact the state building official to determine how the respondent and Bernard Cabelus obtained their building certificates.

5. By letter dated September 17, 1987, the complainant sought an explanation as to why the respondent and other building officials did not have plumbing, electrical or steamfitting (heating) licenses.

Docket #FIC 87-278 Page 2

6. The Commission takes administrative notice of the three letters described in paragraphs 2, 3 and 5, above, which it received on September 29, 1987. Such letters constitute the filing of a notice of appeal with the Commission within the meaning of §1-21i(b), G.S.

7. The respondent claims he has provided the complainant with copies of all the requested records in his possession, except for copies of the written examinations of the building officials.

8. The respondent further claims the written examinations of the building officials are exempt from public disclosure under §1-19(b)(6), G.S.

9. It is found on or about October 29, 1987, the respondent provided the complainant with copies of all the requested records in his possession, including the test results of the building officials, but failed to provide the complainant with copies of the written examinations of the building officials.

10. It also is found that although the complainant questions the validity of the records he received, the Commission does not have jurisdiction over that issue.

11. It further is found those persons seeking to become building officials are required to pass a written examination pursuant to §29-262, G.S.

12. It further is found the written examinations of the building officials are public records within the meaning of §1-18a(d), G.S.

13. It further is found the written examinations of the building officials constitute examination data used to administer a licensing examination within the meaning of §1-19(b)(6), G.S.

14. It is concluded the written examinations of the building officials are exempt from public disclosure under §1-19(b)(6), G.S., and therefore the respondent's failure to provide the complainant with copies of the written examinations did not violate §§1-15 and 1-19(a), G.S.

Docket #FIC 87-278 Page 3

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 January 13, 1988.

Catherine H. Lynch

Acting Clerk of the Commission