Final Decision FIC1978-034
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In the Matter of a Complaint by |
Report of Hearing Officer | |
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Kenneth W. Mayo and the Bristol Press,
Complainants |
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against
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Docket #FIC78-34 | |
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The City of Bristol; and the Personnel
Director of Personnel of the City of Bristol, Respondents |
April 26, 1978 |
The above captioned matter was heard as a contested case on April 3, 1978 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:
1. The respondents are public agencies within the meaning of §1-18a(a), G.S.
2. By letter dated February 22, 1978 the complainant requested of the respondent personnel director that the list of the names and addresses of applicants for the police chief examination be made available for inspection and copying.
3. The respondent refused to supply the requested information.
4. The complainant filed an appeal with this Commission on March 2, 1978.
5. Subsequent to the filing of this appeal, the complainant was given access to the names and address of those applicants who qualified to take the examination for police chief.
6. At hearing the respondents claimed that the requested record was exempted from disclosure under §1-19(b)(2), G.S., as a personnel or similar file the disclosure of which would constitute an invasion of privacy.
7. While the personnel department had previously released the names of applicants for the examination for the position of fire chief, it would not release the list of the names of applicants for the position of police chief because the search for the new police chief was being conducted outside the community.
8. It is found that the list of names and addresses of applicants for the police chief examination constitute a personnel file, or a file similar thereto, the disclosure of which would constitute an invasion of privacy under §1-19(b)(2), G.S.
The following order by the Commission is hereby recommended on the basis of the record concerning the above captioned complaint:
1. The above captioned complaint is hereby dismissed.
2. This decision is not to be construed to mean that the disclosure of names and/or addresses in other contexts would constitute an invasion of privacy.
Approved by order of the Freedom of Information Commission on April 26, 1978.