FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Roger Pahl,

 

                        Complainant

 

            against              Docket #FIC 93-183

 

Bureau of Rehabilitation Services, State of Connecticut Department

of Human Resources,

 

                        Respondent                  March 9, 1994

 

            The above-captioned matter was heard as a contested case on November 29, 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 of complaint filed with this Commission on June 28, 1993, the complainant alleged that the respondent violated the provisions of the Freedom of Information ("FOI") Act by denying him access to public records.

 

            3.  It is found that by letter dated June 11, 1993, the complainant requested a copy of any certification(s) of Ms. Brenda Moore, an employee of the respondent, issued by counseling-related organizations.

 

            4.  It is found that by letter dated July 1, 1993, the respondent denied the complainant's request.

 

            5.  It is found that the respondent's files contain no document as sought by the complainant and described in paragraph 3, above.

 

            6.  It is also found that Ms. Moore has a framed  certificate issued to her by a national certifying board hanging on her office wall, which certificate the complainant claims is also sought pursuant to his request described in paragraph 3, above.

 

            7.  The sole issue of this appeal is whether the framed certificate identified in paragraph 6, above, (hereinafter

 

Docket #FIC 93-183                           Page 2

 

"record at issue") is a public record within the meaning of 1-18a(d), G.S., which must be made available to the complainant under the provisions of the FOI Act.

 

            8.  It is found that the record at issue was received by Ms. Moore after she took a test that she paid for with her personal funds and took it on her own personal time.

 

            9.  It is found that the record at issue is not referenced on Ms. Moore's resume or in her personnel file.

 

            10.  It is found that the test taken by Ms. Moore was not required as a condition of her employment nor as a condition for any promotions at her place of employment.

 

            11.  It is found that after Ms. Moore received the record at issue, she had it framed with her personal funds.

 

            12.  It is found that Ms. Moore chose to display the framed record at issue in her office-space along with other personal effects, all of which would be taken by Ms. Moore if and when her employment with the respondent terminates for any reason.

 

            13.  It is concluded that the record at issue is not a public record within the meaning of 1-18a(d), G.S.

 

            14.  It is accordingly concluded that the respondent is not in violation of the provisions of the FOI Act under the facts of this case.

 

            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.  Although the respondent is not compelled to disclose the record at issue under the provisions of the FOI Act, this Commission notes its inability to comprehend why the respondent steadfastly took its position to deny the complainant access to a document voluntarily displayed at a public agency by a public servant, which document may shed light on the professional skills of that public servant.  Furthermore, this Commission notes the costs incurred by the state of Connecticut as a result of this posture.

 

Docket #FIC 93-183                           Page 3

 

Approved by Order of the Freedom of Information Commission at its regular meeting of March 9, 1994.

 

                                                                 

                                    Elizabeth A. Leifert

                                    Acting Clerk of the Commission

 

Docket #FIC 93-183                           Page 4

 

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:

Mr. Roger Pahl

200 Oak Street

West Haven, CT 06516

 

Bureau of Rehabilitation Services,

State of Connecticut, Department of Human Resources

c/o Kenneth H. Kennedy, Esq.

Assistant Attorney General

P.O. Box 120

Hartford, CT 06141-0120

 

                                                                 

                                    Elizabeth A. Leifert

                                    Acting Clerk of the Commission