FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Janice C. Beauregard,
Complainant
against Docket
#FIC 95-360
Patricia Washington,
Personnel Director, City of Hartford and
Susan Comstock, Personnel
Analyst, City of Hartford,
Respondents June 12, 1996
The above-captioned matter was heard as a contested
case on March 21, 1996, at which time the complainant and the respondents
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
respondents are public agencies within the meaning of 1-18a(a), G.S.
2. By letter
of complaint filed with this Commission on October 10, 1995, the complainant
alleged that the respondents violated the provisions of the Freedom of
Information ("FOI") Act by denying her prompt access to public
records and requested the imposition of civil penalties.
3. It is
found that on October 10, 1995, the complainant requested to review the
following: a letter of resignation by Jane Tucci, all correspondence from
Benjamin Crudup to personnel for the prior three years, and all correspondence
from Theresa Grant to personnel for the prior three years.
4. It is
found that the records identified in paragraph 3, above, are contained in the
subjects' public employment personnel files.
5. The
requested records are public records within the meaning of 1-18a(d), G.S.
6. It is
found that after consulting with counsel, the respondents determined that
disclosure of the records of Benjamin Crudup and Theresa Grant would not
constitue an invasion of personal privacy within the meaning of the FOI Act.
Docket #FIC 95-360 Page
2
7. The respondents
claim that they attempted to give the records concerning Mr. Crudup and Ms.
Grant to the complainant when she was in town hall on other business. However, it is found that the complainant
was unaware of what documents the respondents were offering at that time.
8. It is also
found that at the time the respondents made their offer as described in
paragraph 7, above, the complainant had already filed her appeal of denial with
this Commission.
9. It is also
found that the respondents determined that the disclosure of Jane Tucci's
records may constitute an invasion of personal privacy within the meaning of
the FOI Act.
10. It is
found that on October 12, 1995, the respondents mailed to Jane Tucci a notice
that the complainant sought access to a portion of her personnel file pursuant
to the provisions of 1-21i(b), G.S., and they informed her of her
opportunity to object within ten business days to such disclosure in accordance
with the provisions of the FOI Act.
11. It is
also found that Ms. Tucci did not object to disclosure in writing within the
time period mandated by 1-20a(c), G.S.
12. It is
found that although the respondents received no objection from Ms. Tucci, the
respondents nevertheless took no further steps to disclose the records at issue
to the complainant after ten business days had elapsed.
13. It is
accordingly concluded that the respondents violated the provisions of
1-19(a) and 1-20a(c), G.S., with respect to the records requested
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. Henceforth
the respondents shall strictly comply with the provisions of 1-19(a)
and 1-20a(c), G.S.
2. The
respondents shall forthwith provide to the complainant a copy of the records
identified in paragraph 3 of the findings, above, at no charge to the
complainant.
3. In its
discretion the Commission declines to impose civil penalties in this case.
Approved by Order of the
Freedom of Information Commission at its regular meeting of June 12, 1996.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 95-360 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:
Janice C. Beauregard
12 Merrill Street, Unit B3
Hartford, CT 06106
Patricia Washington,
Personnel Director, City of Hartford and Susan Comstock, Personnel Analyst,
City of Hartford
c/o Karen K. Buffkin, Esq.
Assistant Corporation Counsel
550 Main Street
Hartford, CT 06103
Elizabeth A. Leifert
Acting Clerk of the
Commission