FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

William Condy and The Hour

Complainants

against Docket #FIC 88-446

Director of Personnel and Labor Relations of the City of Norwalk,

Respondent February 22, 1989

The above-captioned matter was heard as a contested case on December 12, 1988, 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. By complaint received November 7, 1988, the complainants alleged that on November 2, 1988, the respondent denied them access to copies of records showing a list of city employees and the number of sick days taken by each employee in the period from July 1, 1987 to June 30, 1988.

3. By letter dated October 26, 1988, the complainant Condy requested copies of the list of employees and the number of sick days taken by each during the period from July 1, 1987 to June 30, 1988.

4. The respondent denied the request of the complainants on November 2, 1988.

5. It is found that after notice to city employees pursuant to §§1-20a(b) and 1-20a(c), G.S., 452 of the approximately 800 people employed by the city objected to disclosure of the requested records.

6. The respondent claims that the requested records are exempt from disclosure pursuant to §1-19(b)(2), G.S.

7. It is found that the requested records constitute personnel or similar files within the meaning of §1-19(b)(2), G.S.

Docket #FIC88-446 page two

8. It is found that there is a legitimate public interest in the requested records because of the high rate of absenteeism among city employees.

9. It is concluded that disclosure of the requested records does not constitute an invasion of personal privacy, within the meaning of §1-19(b)(2), G.S.

10. It is concluded that the respondent violated §1-19(a), G.S. when he denied the request of the complainants on November 2, 1988.

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 complainants with copies of the requested records described in the findings at paragraph 3.

Approved by order of the Freedom of Information Commission at its regular meeting of February 22, 1989.

Karen J. Haggett

Clerk of the Commission