FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL
DECISION
J. Louis Rodriguez,
Complainant
against Docket
#FIC 87-208
Board Administrator of the Board of Examiners for Professional
Engineers and Land Surveyors, Professional Licensing Division, State of
Connecticut Department of Consumer Protection,
Respondent December
9, 1987
The above-captioned
matter was heard as a contested case on August 18, 1987, at which time the
complainant 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:
1. The respondent is a public agency within the
meaning of §1-18a(a), G.S.
2. By letter dated May 4, 1987, the complainant
made a request of the respondent to be allowed to review his written answers to
the part II-B section of the land surveyors examination administered in October
1986.
3. By letter dated July 16, 1987 the respondent
denied the complainant's request to review his written answers.
4. From denial of access to the requested
information, the complainant appealed to the Commission by complaint filed on
July 24, 1987.
5. At the hearing, the complainant requested
that the Commission take administrative notice of docket #FIC 78-89, #FIC
79-98, #FIC 84-87, #FIC 84-141 and #FIC 80-138.
6. It is found that the examination taken by
the complainant consisted of 6 essays and 20 multiple choice questions.
Docket #FIC 87-208 Page 2
7. It is also found that the respondent
provided the complainant with a copy of the exam matrix and scoring breakdown
for the 1986 Connecticut part IV land surveyor examination. This breakdown included the number of points
the complainant received for each question on both the multiple choice and
essay sections of the examination.
8. The respondent claims, however, that the
other information being sought by the complainant is exempt from disclosure
pursuant to §1-19(b)(6), G.S.
9. The respondent further claims that the
answers to the essay questions contain the grader's remarks, and that these
comments may disclose information that may be used to administer future
licensing examinations.
10. Section 1-19(b)(6), G.S., exempts from
mandatory disclosure "test questions, scoring keys and other examination
data used to administer a licensing examination, examination for employment or
academic examinations."
11. It is found that the test in question is a
licensing examination within the meaning of §1-19(b)(6), G.S.
12. It is found, however, that the complainant's
written answers to the essay questions are not test questions or scoring keys
within the meaning of §1-19(b)(6), G.S., and are subject to disclosure pursuant
to §§1-15 and 1-19(a), G.S.
13. It is concluded that the respondent violated
§§1-15 and 1-19(a), G.S., when it failed to provide the complainant with access
to his written answers from the October 1986 examination.
The following order by
the Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint:
1. The respondent shall forthwith provide the
complainant with a copy of his written answers to the Connecticut part II-B
land surveyors examination administered in October 1986.
Docket #FIC 87-208 Page 3
2. In complying with paragraph 1 of this order,
the respondent may mask or otherwise delete the grader's remarks, to the extent
that they disclose information which is exempt from mandatory disclosure
pursuant to §1-19(b)(6), G.S.
Approved by order of
the Freedom of Information Commission at its special meeting of December 9,
1987.
Catherine
H. Lynch
Acting
Clerk of the Commission