FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Marilyn M. Vitale,
Complainant
against Docket #FIC 93-260
East Haven Director of Public Works and East Haven Director of
Administration and Management,
Respondents January 26, 1994
The above-captioned matter was heard as a contested case on December 14, 1993, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. Mr. William Lockery, the subject of the record at issue, was granted party status. Furthermore, upon the motion of this Commission, the record at issue was taken for an in camera inspection.
After consideration of the entire record, the following facts are found and conclusions of law are reached:
1. The respondents are public agencies within the meaning of 1-18a(a), G.S.
2. By letter of complaint filed with this Commission on September 17, 1993, the complainant alleged that the respondents violated the provisions of the Freedom of Information ("FOI") Act by failing to supply to her a copy of the resume submitted to them by Mr. William Lockery. The complaint also alleged that the respondents' response was not timely.
3. At the hearing into this complaint, the parties stipulated that the sole issue on appeal is whether the respondents violated the provisions of the FOI Act by denying the complainant access to the resume in question.
4. It is found that the respondents received a resume from Mr. William Lockery at the time he applied for a public position.
5. It is also found that Mr. Lockery was in fact hired for the public position for which he applied.
6. It is found that a copy of Mr. Lockery's resume is maintained in his personnel file.
Docket #FIC 93-260 Page 2
7. It is concluded that the resume at issue is a public record within the meaning of 1-18a(d), G.S.
8. At the hearing into this matter, the respondents claimed that the resume at issue is exempt from disclosure pursuant to 1-19(b)(2), G.S., and Chairman v. FOI Commission, 217 Conn. 193 (1991).
9. It is found that the resume, consisting of two pages, consists of Mr. Lockery's address followed by descriptions of his work and responsibilities in prior jobs.
10. It is also found that nothing contained in the resume at issue is highly offensive to a reasonable person.
11. It is further found that all statements in the resume at issue are directly concerned with Mr. Lockery's prior employment and accordingly pertain to legitimate matters of public concern.
12. It is concluded that the resume at issue is not exempt from disclosure pursuant to 1-19(b)(2), G.S.
13. It is accordingly concluded that denial of the resume at issue constitutes a violation of 1-19(a), G.S.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.
1. The respondents shall supply to the complainant a copy of the resume described in paragraphs 2, 6 & 8 of the findings, above, without cost.
Approved by Order of the Freedom of Information Commission at its regular meeting of January 26, 1994.
Elizabeth A. Leifert
Acting Clerk of the Commission
Docket #FIC 93-260 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 CASE ARE:
Ms. Marilyn M. Vitale
48 Forest Street
East Haven, CT 06512
East Haven Director of Public Works and
East Haven Director of Administration and Management
c/o Michael A. Albis, Esq.
58 Edward Street
East Haven, CT 06512
Mr. William Lockery
6 Jardin Drive
East Haven, CT 06513
Elizabeth A. Leifert
Acting Clerk of the Commission