FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Patricia Fahy and Center City Churches, Inc.,

 

                                Complainants

 

                against                                   Docket #FIC 95-246

 

Executive Director, Capitol Region Workforce  Development Board,

 

                                Respondent                          May 8, 1996

 

                The above-captioned matter was heard as a contested case on January 23, 1996, at which time the complainants and the respondent appeared, stipulated to certain facts 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.  It is found that by letter dated July 10, 1995, the complainants requested that the respondent provide them with a copy of the following records concerning proposals submitted to the respondent by the complainant and others in response to a Request for Proposal to provide services for clients (hereinafter "the proposals"):

 

                                a.             the names and affiliations of the evaluators who scored the proposals;

 

                                b.             the ITT proposal; and

 

                                c.             a list of all those who applied for training preparation services.

 

                3.  By letter of complaint dated July 24, 1995 and filed with the Commission on July 25, 1995, the complainants appealed to the Commission alleging that the respondent violated the Freedom of Information ("FOI") Act by denying them access to the requested records, as described in paragraph 2, above.

 

Docket #FIC 95-246                                             Page 2

 

                4.  At the hearing on this matter, the complainants indicated that the request, as described in paragraph 2c, above, had been satisfied and withdrew that portion of the complaint.

 

                5.  It is found that the remaining records at issue are public records within the meaning of 1-18a(d) and 1-9(a), G.S.

 

                6.  The respondent claims that there is no record containing the information described in paragraph 2a, above.  He further claims that a portion of the record, as described in paragraph 2b, above, is exempt from disclosure pursuant to 1-19(b)(5), G.S., because it contains confidential financial information.

 

                7.  It is found that there is no record containing the information described in paragraph 2a, above, and consequently it is concluded that the respondent did not violate the FOI Act with respect to this item of the complainants' request.

 

                8.  Section 1-19(b)(5), G.S., permits the nondisclosure of "commercial or financial information given in confidence, not required by statute."

 

                9.  The respondent submitted to the Commission for an in camera inspection by the Commission the record, as described in paragraph 2b, above, which he claims is exempt pursuant to 1-19(b)(5), G.S.  The respondent highlighted the portions of the record for which the exemption is not claimed.

 

                10.  It is found that the information contained in the non-highlighted portions of the record requested in paragraph 2b, above, constitute commercial or financial information given to the respondent in confidence by ITT.

 

                11.  It is also found that the Commission is unaware of any statute requiring the furnishing of such information.

 

                12.  Consequently, it is concluded that the non-highlighted portions of the record requested in paragraph 2b, above, and submitted to this Commission in camera, are exempt from disclosure pursuant to 1-19(b)(5), G.S.

 

                13.  At the hearing, the respondent agreed to provide to the complainant that portion of the record described in paragraph 2b, above, which does not fall within the claimed exemption.

 

                14.  It is concluded, however, that the respondent violated the provisions of 1-15(a) and 1-19(a), G.S., by failing to provide the complainant promptly with the nonexempt portion of the record requested as described in paragraph 2b, above.

 

Docket #FIC 95-246                                             Page 3

 

                The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

                1.  The respondent shall immediately provide the complainant with a copy of the record described in paragraph 2b of the findings, above, at no cost.

 

                2.  In complying with paragraph 1 of this order, the respondent may redact the portion of the record found to be exempt from disclosure pursuant to 1-19(b)(5), G.S.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of May 8, 1996.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 95-246                                             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:

Patricia Fahy and Center City Churches, Inc.

170 Main Street

Hartford, CT 06106

 

Executive Director, Capitol Region Workforce Development Board

c/o Laurie A. Hall, Esq.

Day, Berry & Howard

CityPlace I

Hartford, CT 06103

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission