The above-captioned matter was heard as a contested case on March 19 , 1999 at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. At the hearing, Clifford Slicer, one of the employees whose records are at issue, requested and was granted party status pursuant to § 1-206(b)(1), G.S., (formerly § 1-21i(b)(1), G.S.).

        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 § 1-200(1), G.S., (formerly § 1-18a(1), G.S.).

        2. It is found that by letter dated December 22, 1998, the complainant requested that the respondent provide him with the following records, (hereinafter "requested records"):

a. a list of all upcoming public hearings scheduled by the Department of Insurance ("DOI");

b. copies of service ratings for the following DOI employees: Danny Albert, Mary Ellen Breault, William Gilligan, George Reider, Louis Scotti and Clifford Slicer; and

c. a list of the dates and times commissioner George Reider and Mary Ellen Breault are scheduled to speak on radio and television programs.

        3. It is found that by certified letter dated December 30, 1998, the respondent provided the complainant with one record responsive to his request as described in paragraph 2a, above, denied the request as described in paragraph 2b, above, indicating that such ratings are exempt from disclosure, and informed the complainant that no list exists responsive to the request as described in paragraph 2c, above.

        4. By letter of complaint dated January 30, 1999, and filed February 1, 1999, the complainant, appealed to the Commission alleging that the respondent violated the Freedom of Information ("FOI") Act by denying him access to all of the requested records. The complainant requested that the Commission impose civil penalties in this matter.

        5. With respect to the request as described in paragraph 2a, above, it is found that the respondent provided the complainant with the only record he had that was responsive to the complainant’s request.

        6. With respect to the request as described in paragraph 2b, above, it is found that the DOI personnel director maintains service ratings for five of the six individuals named in the request. No service rating exists for Commissioner Reider.

        7. Pursuant to § 5-237, G.S., "[A]ny employee … shall have the right, at reasonable times during office hours, to inspect his service ratings, as shown in the records of the Department of Administrative Services or of the department, agency or institution in which such employee is employed." [Emphasis added.]

        8. Section 5-237, G.S., as interpreted by the court in Personnel Director v. FOIC, 214 Conn. 312 (1990), permits inspection of an employee’s service rating by such individual employee only.

        9. With respect to the request as described in paragraph 2c, above, it is found that no such list exist.

        10. Based on the foregoing, it is concluded that the respondent did not violate the FOI Act as alleged in the complaint.

        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.

         Approved by Order of the Freedom of Information Commission at its special meeting of

June 30, 1999.

_________________________

Melanie R. Balfour

Acting Clerk of the Commission

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:

Leslie Wilson
196 East Pearl Street
Torrington, CT 06790
William Gilligan,
Deputy Commissioner,
State of Connecticut,
Department of Insurance
c/o Atty. Jonathon L. Ensign
Assistant Attorney General
55 Elm Street, PO Box 120
Hartford, CT 06141-0120
and
Clifford W. Slicer
State of Connecticut,
Insurance Department
PO Box 816
Hartford, CT 06142-0816

__________________________

Melanie R. Balfour

Acting Clerk of the Commission

FIC1999-035FD/mrb/07011999