FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Kevin Hood and Hartford Municipal Employees Association,
Complainants
against Docket #FIC 90-346
Personnel Director, City ofHartford,
Respondent April 10, 1991
The above-captioned matter was heard as a contested case on January 4, 1991, at which time the complainants and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.
At the hearing on this matter, Elsa Huertas requested that she be made a party to the proceedings. The hearing officer granted her intervenor status for purposes of participation in the hearing. Pursuant to 1-21i(b), G.S., Ms. Huertas' motion for party status is hereby granted.
The original caption for this case was Kevin Hood v. Personnel Director, City of Hartford. At the hearing on this matter, both the respondent and Ms. Huertas moved to dismiss the complaint, alleging that the complainant, Kevin Hood, had no standing to bring the appeal. The Commission finds that Mr. Hood filed the complaint in his capacity as a union representative for the Hartford Municipal Employees Association. Therefore the caption for Docket #FIC 90-346 has been amended to reflect the correction. The motion to dismiss is hereby denied.
After consideration of the entire record, the following facts are found and conclusions of law are reached:
1. The respondent is a public agency within the meaning of 1-18a(a), G.S.
2. By letter of complaint dated September 9, 1990, and filed with the Commission on September 18, 1990, the complainants appealed to the Commission.
Docket #FIC 90-346 Page 2
3. The complainants alleged that the respondent failed to fully comply with their August 21, 1990 document request.
4. It is found that by letter to the respondent dated August 21, 1990, the complainants requested six categories of documents.
5. It is found that by letter (and attachments) dated September 13, 1990 the respondent sought to comply with the complainants' document request.
6. It is found that the complainants are presently seeking four documents which they allege the respondent failed to provide with his letter of reply dated September 13, 1990.
7. Specifically, the complainants are seeking copies of:
a. the Personnel Payroll Activity Form B for April Goff Brown's temporary assignment to Acting Senior Project Manager of the Youth Development Division (hereinafter "Form B");
b. the memorandum requesting the temporary assignment of April Goff Brown as Youth Development Division Supervisor (hereinafter "memo of request");
c. the memorandum from the respondent to Maria Borrero or an authorized agent approving the temporary assignment of April Goff Brown as Acting Senior Project Manager (hereinafter "memo of approval");
d. the completed employment application of Elsa Huertas (hereinafter "job application").
8. It is found that there is no Form B as described in paragraph 7a. of the findings, above.
9. It is found that the information which should have been recorded on a Form B was inadvertently recorded on a Form A with a notation that the Form A should be processed as if it were a Form B in order to effectuate the temporary job assignment for Ms. Brown.
10. It is therefore found that the requested information is maintained, although in a different format from that requested, as a public record within the meaning of 1-18a(d), G.S.
Docket #FIC 90-346 Page 3
11. It is therefore concluded that the respondent violated 1-15, G.S., when he failed to provide the complainants with a copy of the Form A for Ms. Brown's temporary assignment because under the circumstances Form A would have complied with the complainants' request for the information more fully described in paragraph 7a. of the findings, above.
12. It is found that with respect to the documents more fully described in paragraphs 7b. and 7c. of the findings, above, there is neither a memo of request nor a memo of approval specifically regarding the appointment of Ms. Brown to the position of Senior Project Mananger for the Youth Development Division.
13. It is found, however, that there is a June 26, 1990 interdepartmental memorandum from Hartford's Assistant City Manager to its Director of Personnel regarding acting positions for community services departments, including the Senior Project Manager position in the Youth Development Division (hereinafter "June memo").
14. It is therefore found that the requested information is maintained as a public record within the meaning of 1-18a(d), G.S.
15. It is found that the June memo has a notation of "approved, 6/29/90, P.W." inscribed on it.
16. It is concluded that the June memo could reasonably have been interpreted as being responsive to the complainants request as set forth in paragraphs 7b. and 7c. of the findings, above, and therefore a copy of the document should have been provided to the complainants pursuant to 1-15, G.S.
17. It is found that with respect to the completed job application of Ms. Huertas, the document is maintained as a public record within the meaning of 1-18a(d), G.S.
18. It is also found that the requested job application is maintained as part of a personnel file within the meaning of 1-19(b)(2), G.S.
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19. It is found that by letter dated September 13, 1990, the respondent notified Ms. Huertas that there had been a request for a copy of her job application.
20. It is found that pursuant to 1-20a(b), G.S., Ms. Huertas objected to the release of her job application.
21. It is found that by letter dated September 26, 1990, the respondent notified the complainants that pursuant to 1-20a(c), G.S., he could not release the job application of Ms. Huertas.
22. At the hearing, Ms. Huertas objected to disclosure of any personal or personally identifiable information from her job application, including her home address, social security and home telephone numbers.
23. It is found that Ms. Huertas furnished the personal and personally identifiable information contained on her job application to the city of Hartford with the expectation that the material would be kept private and would not be disclosed to the public.
24. It is also found that because of the unique personal circumstances of Ms. Huertas, disclosure of any personal or personally identifiable information from her job application may subject her or her family to personal harm.
25. It is concluded that under the facts of this case, 1-19(b)(2), G.S., exempts from public disclosure any personal or personally identifiable information, including the home address, home telephone and social security numbers of Ms. Huertas contained in the job application.
26. It is further concluded that 1-19(b)(2), G.S., does not preclude disclosure of information contained in the job application which directly relates to job qualifications and work experience relative to the position of principal administrative analyst in the Youth Development Division, provided the respondent first redacts or deletes all personal and personally identifying information from the document prior to its disclosure.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
Docket #FIC 90-346 Page 5
1. The respondent shall forthwith provide the complainants with copies of the documents as set forth in paragraphs 11, 16, 25 and 26 of the findings, above.
2. The respondent shall fully comply with the Commission's guidelines for redaction and deletion as set forth in paragraphs 25 and 26 of the findings, above, before providing the complainants with a copy of the job application.
Approved by order of the Freedom of Information Commission at its regular meeting of April 10, 1991.
Tina C. Frappier
Acting Clerk of the Commission
Docket #FIC 90-346 Page 6
PURSUANT TO SECTION 4-180(c), G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.
THE PARTIES TO THIS CONTESTED CASE ARE:
KEVIN HOOD
Operations Manager
Hartford Civic Center
1 Civic Center Plaza
Hartford, CT 06103
and
Kathleen Kores
4 Weatherly Road
Simsbury, CT 06070
PERSONNEL DIRECTOR, CITY OF HARTFORD
c/o Thomas R. Cox, Esq.
Office of the Corporation Counsel
550 Main Street
Hartford, CT 06103
ELSA HUERTAS
City of Hartford Youth Development
56 Coventry Street
Hartford, CT 06112
Tina C. Frappier
Acting Clerk of the Commission