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