Jamalipour v. Commissioner, State of Connecticut, Department of Transportation
The Freedom of Information Commission has interpreted the 1999 Superior Court's decision in Washington v. Freedom of Information Commission to mean that certain oral examination data are exempt from disclosure pursuant to Connecticut General Statutes §1-210(b)(6), which provides that disclosure is not required of "test questions, scoring keys and other examination data used to administer a licensing examination, examination for employment or academic examinations…." Alireza Jamalipour appealed to the Freedom of Information Commission regarding his records request to the Connecticut Department of Transportation and its commissioner. The FOIC found that the respondents posted a position for a Transportation Supervising Engineer and conducted interviews for the position, including an interview of the complainant. At the conclusion of the interview process an "ISR" or Interview Selection Report was prepared. The complainant requested records regarding the "interview panel recommendation/recommendations, candidate pool result" and the "participated personnel name list." The ISR was responsive to the request. The respondents provided the complainant with a copy of the ISR showing the name, race and gender of each candidate, but not the recommendations for selection, or the explanation for the selection or nonselection of the candidates, other than for the complainant himself. The respondents maintained that the redacted portions of the requested ISR were exempt from disclosure under C.G.S. §1-210(b)(6). The FOIC reviewed the record in camera and concluded that the redacted portions were permissibly exempt from disclosure pursuant to C.G.S. §1-210(b)(6) and that the respondents did not violate the FOIA as alleged. The complaint was dismissed.