FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In
the Matter of a Complaint by FINAL
DECISION
Philip
D. Tegeler, Alan Rosner and CCLU Foundation,
Complainants
against Docket #FIC 93-336
Executive
Director, Fairfield Housing Authority,
Respondent October 12, 1994
The above-captioned matter was
heard as a contested case on January 19 and April 19, 1994, at which times the
complainants 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 December 15,
1994, the complainants alleged that the respondent violated the provisions of
the Freedom of Information ("FOI") Act by denying their request for
certain documents in possession of the housing authority.
3. It is found that on December 7, 1993, the complainants requested
of the respondent access to the original application forms for all participants
in the 8 program, all applicants on the waiting list, and all applicants
purged from the waiting list during the past twenty-four months. They also requested any documents indicating
each tenant's date of admission to the program and each tenant's federal
preference status.
4. It is found that on or about December 14, 1993, the respondent
denied the complainants' request.
5. It is found that the requested records are public records within
the meaning of 1-18a(d), G.S.
6. The respondent claimed that the requested records are exempt from
disclosure pursuant to 1-19(b)(2), G.S.
7. It is found that approximately twenty to thirty people per week
make inquiries of the respondent as a result of their interest in applying for
the 8 program.
Docket
#FIC 93-336 Page
2
8. It is also found that there are currently 140 families
participating in the 8 program with sixty families on the waiting
list.
9. It is found that the requested records include the following
information: names, social security numbers, dates of birth, ages, and sexes,
as well as income and asset information for determination of eligibility in the
8 program.
10. It is concluded that the application documents for public
assistance are not personnel, medical or similar files within the meaning of
1-19(b)(2), G.S.
11. To the extent that individual application documents may contain
medical information taken to evaluate housing needs, it is concluded that those
portions of the requested records constitute medical or similar files within
the meaning of 1-19(b)(2), G.S.
12. It is found that the contents of the records at issue are not
highly offensive to the reasonable person.
13. It is also found that the profile and qualifications of 8
applicants for public housing assistance is a legitimate matter of public
concern.
14. It is therefore concluded that the requested records are not
exempt from disclosure pursuant to 1-19(b)(2), G.S.
15. It is accordingly concluded that the respondent violated
1-19(a), G.S., 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 respondent shall forthwith provide to the complainants free
of cost copies of the requested records identified in paragraph 3 of the
findings, above.
2. In its sound discretion, this Commission declines to order
disclosure of the following information contained in the requested records,
which information the respondent may redact prior to the disclosure so ordered
in paragraph 1 of the order, above:
social security
and telephone numbers;
bank account
access numbers;
any medical information
that may be contained therein.
Docket
#FIC 93-336 Page
3
Approved
by Order of the Freedom of Information Commission at its special meeting of
October 12, 1994.
Debra
L. Rembowski
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:
PHILIP
D. TEGELER, ALAN ROSNER and CCLU FOUNDATION
32
Grand Street
Hartford,
CT 06106
EXECUTIVE
DIRECTOR, FAIRFIELD HOUSING AUTHORITY
c/o
Michael P.A. Williams, Esq.
Marsh,
Day & Calhoun
2507
Post Road
Southport,
CT 06490
Debra
L. Rembowski
Clerk of the Commission