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Final Decision FIC1978-080
In the Matter of a Complaint by
FINAL DECISION
John Bourque,
     Complainant
     against
Docket #FIC78-80
Town of Manchester and the Town Manager
of the Town of Manchester,
     Respondents
July 26, 1978

     The above captioned matter was heard as a contested case on June 20, 1978 at which time the complainant and the respondents appeared and presented evidence 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.  On or about April 26, 1978, the complainant requested a copy of his personnel file from the respondent town manager.
     3.  Because the complainant would not sign a release of liability, the respondent town would not supply the requested personnel file.
     4.  The complainant filed his appeal with this Commission on April 27, 1978, alleging denial of his right of access to his personnel file.
     5.  The personnel file in question contained the complainant's job application, physical information concerning the complainant, transaction forms, ratings of the complainant by his supervisors, and documents relevant to his work performance.
     6.  The respondents alleged that the requested file was exempt from disclosure under §1-19(b)(2), G.S., in that the disclosure of such personnel file would constitute an invasion of the complainant's personal privacy because he intended to give it to the Manchester Human Relations Commission.
     7.  §1-19b, G.S., provides that nothing in §1-19, G.S., shall be construed as authorizing the withholding of information in personnel files from the individual who is the subject of such record.
     8.  It is found that the disclosure of the requested personnel file to the complainant who is the subject of such record is not an invasion of his personal privacy.
     9.  It is found that any future disposition by the complainant of copies of the records in his personnel file has no relevance for the question whether disclosure of such records to him constitutes invasion of his personal privacy.
     10. It is concluded, therefore, that in view of §1-19b, G.S., the complainant's personal file is not exempt from disclosure to him 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 respondent shall forthwith provide the complainant with copies of the records contained in his personnel file in accordance with §1-15, G.S.
          Approved by order of the Freedom of Information Commission on July 26, 1978.