Connecticut Freedom of Information Commission

Due to public health concerns, CONTESTED CASE HEARINGS scheduled for the weeks of March 16 and March 23 are POSTPONED. The regular meeting of the FOI Commission scheduled for March 25, 2020, is CANCELED.

Final Decision FIC75-15
In the Matter of a Complaint by
Joseph C. Lazzaro, Complainant
 Report of Hearing Officers
     against
 Docket #FIC 75-15
Darien Board of Education,
Catherine M. Wemett and
Dr. Joseph B. Porter,
Respondents,
Connecticut Education Association,
Intervenor
 December 10, 1975
     The above-captioned matter was heard as a contested case on December 3, 1975, at which time the complainant, respondents and intervenor appeared and presented testimony, exhibits and argument on the complaint.
     After consideration of the evidence, the following facts are found:
1.  The respondent is a public agency as it is the Board of Education of the Town of Darien.  All other respondents named are the employees, servants or agents of the public agency.
2.  On October 28, 1975, complainant requested Form ED 004 of respondent.  This document sets forth the salary, social security number, age, and sex of each teacher in Darien.
3.  Respondent has tendered to complainant a list by coded reference, and not by name, of each teacher's salary.  Respondent resists giving the name, social security number, age, and sex of each teacher as this would be disruptive of the town's merit system.
     The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.
1.  The tender of the town satisfies the requirements of P.A. 75-342.  To furnish more information would supply data from personnel files that would be violative of the rights of privacy of the teachers.
2.  Connecticut General Statutes §10-226 requires the filing with the Commissioner of Education of the information requested by the complainant.  Whether Department of Education files which contain this information should be a matter of public record is not before the Commission at this time.

s/ Herbert Brucker
Commissioner Herbert Brucker
as Hearing Officer
s/ Henry S. Cohn, Esq.
Henry S. Cohn, Esq.
as Hearing Officer
Approved by order of the Freedom of Information Commission on December 17, 1975.
s/ Louis Tapogna
Louis Tapogna Clerk of the
Commission