FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Greg Blackinton,
Complainant
against Docket
#FIC 95-226
Personnel Department, City of
Hartford,
Respondent February 14, 1996
The above-captioned matter was heard as a contested
case on January 9, 1996, at which time the complainant and the respondent
appeared, stipulated to certain facts and presented testimony 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
filed with the Commission on July 6, 1995, the complainant alleged that on that
date he was permitted to see, but was denied the right to, a photocopy of the
results of his oral employment examination for the position of police officer,
in violation of the Freedom of Information Act.
3. At the
hearing on this complaint, the complainant stated that he was interested only
in obtaining a copy of a document shown to him, which document consists of four
or five pages on which the three examiners gave numerical scores under six
specified grading categories or criteria to the complainant's oral responses to
twelve questions; and which also contain the complainant's overall score on the
examination and notes or comments by various examiners as to the complainant's
responses with respect to certain of the categories or criteria.
4. It is
found that the requested document is a public record within the meaning of
1-18a(d), G.S.
5. It is
found that the requested record does not contain examination questions, answers
or scoring keys; nor does it reveal the substance of any examination question
or answer.
Docket #FIC 95-226 Page
2
6. The
respondent has no objection to providing the complainant with a copy of the
requested record as long as the grading categories or criteria can be redacted
because the respondent contends that that information is exempt from public
disclosure pursuant to 1-19(b)(6), G.S.
7. Section
1-19(b)(6), G.S., exempts from public disclosure:
test questions, scoring keys and other examination
data used to administer a licensing examination, examination for employment or
academic examinations . . .
8. It is
found that the grading categories or criteria listed on the requested record
constitute "other examination data" and consequently is exempt from
disclosure under 1-19(b)(6), G.S.
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 the requested
record, as more specifically described in paragraphs 2 and 3 of the findings,
above.
2. In
complying with paragraph 1 of the order, above, the respondent may redact the
grading categories or criteria listed on the document ordered disclosed herein.
3. The
remainder of the complaint is hereby dismissed.
Approved by Order of the
Freedom of Information Commission at its regular meeting of February 14, 1996.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 95-226 Page
3
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:
Greg Blackinton
27 D Charter Oak Place
Hartford, CT 06106
Personnel Department, City of
Hartford
c/o Helen Apostolidis, Esq.
Corporation Counsel's Office
550 Main Street
Hartford, CT 06103
Elizabeth A. Leifert
Acting Clerk of the
Commission