Hearing Officer's Report
Hearing Officer's Report
Complainants
against
Respondents
March 5,2015
Aftcr consideration of the entire record, the following facts ale found and
conclusions oflaw are reached:
1. The respondents
2. It is found that, by email dated Jure 20,2014, the complainants requested that
the respondents provide them with copies of: a) the personnel file of James Tanner, a
former zoning enforcement official in the town; and b) "the settlement agreement
between the city and Tanner to resolve the complaint he filed against the city [sic] March
27 ,2014 with the state of Connecticut's Board of Labor Relations".
3. It is found that the respondents provided the personnel file of It&. Tanner to the
complainants, except for the settlement agreement described atparugraph2b), above.
4. By email
5. Section l-2l0(a),
Page 2
7. It is found that the settlement agreement is a public record within the meaning
of $$1-210(a) and 1-212(a), G.S.
8. At the hearing, the respondents stated that the settlement agreement contained
provision wherein the parties agreed not to disclose the terms of the agreement, unless
ordered to do so by arr "appropriate legal authority". Moreover, because the settlement
agreement was exclusively maintained in Mr. Tanner's personnel file, and the
respondents stated that they believed flrat disclosure of the settlement agreement would
constitute an invasion of Mr. Tanner's privacy, the respondents provided Mr. Tanner's
attorney an opportunity to object to disclosure of the settlement agreement and also
provided notice of this Commission's hearing. Finally, respondents stated that,
because Mr. Tanner was not a member of a collective bargaining unit, notice was not
provided to any collective bargaining representative.
a
9. It is found that, by email dated January 8,2015, Mr. Tanner's attorney, Fralk
Burke, did object on behalf of his client to disclosure of the settlement agreement, stating
to the respondents that the "agreement specifies it will not be released unless ordered by
legal authority." However, neither attomey Burke nor Mr. Tanner appeared at tiris
Commission's hearing.
10. Following the close of the hearing in this matter, the respondents submitted
the settlement agreement to the Commission for an in camera inspection. The settlement
agreenrent is two pages, hereby designated: IC2014-408-1 and 2.
11. In Perkins v. Freedom of Information Commission,22S Conn 158, 175
(1993), the Supreme Court set forth the test for an invasion of personal privacy, necessary
to establish the exemption at $1-210(bX2), G.S. The claimant must first establish that the
records in question are personnel, medical or similar files. Second, the claimant must
show that disclosure of the records would constitute an invasion of personal privacy. In
determining whether disclosure would constitute an invasion of personal privacy, the
claimant must establish both of two elements: first, that the information sought does not
Docket #FIC2014-408
Page
pertain to legitintate matters of public conccrn, and second, that such infonnation is
highly offensive to a reasonable person.
16. Moreover, in this case, as in Docket #FIC 2006-299 cited immediately above,
the confidentiality clause contained in the settlement agreement specifically recognizes
that the parties may be required to disclose such agreement if ordered by an appropriate
legal authority.
17. It is therefore concluded that the confidentiality agreement does not
supersede the FOIA and that the failure of the respondents to promptly disclose the
settlement agreement constituted a violation of $91-210(a) and 1-212(a), G.S.
The following order by the Commission is hereby recommended on the basis
the record concerning the above-captioned complaint:
1.
as
FIC20 1 4-408/HOR/CAL/03 050
I5
Hearing Officer
of