FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Margaret M. Sautter,
Complainant
against Docket #FIC 93-119
Newington Town Manager,
Respondent October 13, 1993
The above-captioned matter was heard as a contested case on August 12, 1993, at which time the complainant and the respondent appeared and presented testimony, exhibits and argument on the complaint.
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 filed with this Commission on January 21, 1993, the complainant alleged that the respondent violated the provisions of the FOI Act by denying her access to any written, audio and/or video notes of the town sponsored promotional oral exam she took on October 20, 1992.
3. It is found that on December 30, 1992, the complainant requested from the respondent access to any written, audio and/or video notes of her oral examination conducted on October 20, 1992.
4. It is found that on October 20, 1992, the complainant took the above-referenced oral exam which was administered for the Newington police department by the consulting company of McCann Associates, Inc.
5. It is found that although personnel procedures generally provide that such testing be recorded, no audio or video tape recordings were made of the complainant's oral exam.
6. It is found that on January 6, 1993, the respondent sent to the complainant information concerning the complainant's performance on both the written and oral examinations, which records were created as a result of the interview report to the town by McCann Associates.
7. It is found that the respondent then requested that McCann Associates provide him with whatever notes it had
Docket #FIC 93-119 Page 2
concerning the complainant's oral exam.
8. It is found that no further documentation was provided to the respondent as a result of this request to McCann Associates.
9. It is concluded that under the facts of this case, the respondent is not in violation of the provisions of the FOI Act.
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.
2. The Commission notes that in its response to the town manager's request for the complainant's records, McCann Associates indicated that although it also has original rating sheets completed by each of the examiners, that information was fully summarized in their report to the town. This Commission suggests that the respondent would be demonstrating its good will by specifically requesting those original sheets not previously forwarded to the respondent on the complainant's behalf.
Approved by Order of the Freedom of Information Commission at its regular meeting of October 13, 1993.
Mitchell Pearlman
Acting Clerk of the Commission
Docket #FIC 93-119 Page 3
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 CARE ARE:
Margaret M. Sautter
83 Flagler Street
Newington, CT 06111
NEWINGTON TOWN MANAGER
c/o Steven M. Nassau, Esq.
Nassau, Borowy & Griffith
66 Cedar Street
Newington, CT 06111
Mitchell Pearlman
Acting Clerk of the Commission