Testimony Defends Freedom of Information Act

Exempting the employment records of probation officers from release to certain individuals would constitute an unnecessary erosion of the Freedom of Information Act, Andrew Schneider, executive director of the ACLU of Connecticut, told a legislative committee on Wednesday.

House Bill No. 5125 would exempt the personnel files of probation officers, including investigations into allegations of misconduct, from release to anyone on probation or in prison on a probation violation. Testifying before the Government Administration and Elections Committee, Schneider said the law already exempts documents from release if it would "constitute an invasion of personal privacy." The Freedom of Information has consistently cited that provision to withhold personal information about government employees, he said.

"There is no legitimate interest here that is not already protected," he said. "There is nothing to balance against the public's right to know."

Schneider reminded legislators of the case of Richard Straub, a probation officer who was convicted of molesting boys under his supervision in his office. Straub's employment records revealed that his co-workers had raised concerns about his conduct  for at least seven years.

"I remind you of this horrific story because it shows why an individual under the supervision of a probation officer or in prison for violating probation could have a legitimate, indeed a crucial, interest in such documents," Schneider said.

The state Freedom of Information Commission submitted a statement opposing the bill.