Norwich bulletin. [volume] (Norwich, Conn.) 1895-2011, 1915-08-28
HINMAh SAYS
sLAcKLIsTING ILLEGAL
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the communication Of the particulars
as TO the record Of an applicant.
whether certified or not, to the ap-
pointing officer or to any other per-
rnoyai from the classified service are
required by Section Is as amended.
to be given to the person removed
uneIassifisd Service Exempt.
understand, however, that your
inquiry covers your right to make re-
ports Of the nature indicated not only
to state departments and institutions
in the classified service. but also to
those in the unclassffied and exempt
service The unclassified service Is
expressly not subject to any pro-
visions of the civil service act and
the commission has no duty of test or
certifcation of candidates as to ap-
pointments exempted either under
Section 3, as amended, or Section Il
of Chapter 2. Public Acts of 1915. 1t
is doubtless true that the service con-
templated would be OF value to the
APPOINTING officers and employers in
these classes. but as the general as
fembly has not included the same in
the statutory duties Of the commits
sion. the making of such reports
would be outside the governmental
powers and duties OF the commission.
and therefore subject to the same
statutory regulations and liabilities
as reports made by private indi-
viduals-
information Cannot Re Given.
I ana therefore, OF the opinion that
any records kept for any purposes
within the scope OF Chapter 165. Pub
lie Acts of 1911, relating to persons
other than applicants for Office or en-
ployment in the classified service, must
Chapter 163. and that information
possessed by the commission concern
ing any person may not lawfully be
given, except information as to any
present or former appointee or en-
ploye in the classified service on the
application OF such person OF one con-
templating the appointment OF en-
ployment OF such person, IS excepted
in Chapter 1S3, Public Acts of 1909
Liability of Appointing Officer.
You also ask if an appointing Of
hcer. who. on request OF the commits
sion. furnishes it with information as
to persons who have been discharged
or whose services have been found un-
satisfactory thereby violates said
Chapter 153. Public Acts of 1909
Such information. under the excep-
ton in said Chapter 15S in favor of
statements made on application of 4
person or corporation considering the
employ u SUCH GInpAOlG, as NGAA
as by the plain implication from the
provisions of Section 81 of the civil
service law as amended. may lawfully
be given at the request Of the COM
mission as to an applicant for ONCE
or employment in the classified ser
vice. whose qualifications and record
are, therefore, properly under investi-
CATION by the commission But in
formation given the commission re-
5farding persons who are not appE-
cants for position in the classified ser
vice and whose qualifications. there
fore, the commission is under no legal
duty TO investigate and who, under the
law, would be appointed or employed
IL At al, independently Of any action
by the commission. does not, in my
judgment, come within said exceptions
and the informant is not, therefore,
relieved from liability under said
Chapter 15s. as he would be did he.
as n present or former employee of
such person, give information TO and
at the request OF the appointing ON
Ger or employer considering the ap-
pointment or employment of such per-
son.
Respectfully submitted,
GEORGE E HINMAN,
EanAr1I