FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL DECISION
David E. Blum,
Complainant, Docket #FIC 86 - 292
against January 14, 1987
Office of
Contract Compliance Coordinator, State of Connecticut Department of
Transportation
Respondent
The above-captioned matter was heard
as a contested case on November 13, 1986, at which time the complainant and the
respondent appeared, stipulated to certain facts, and presented testimony,
exhibits and argument on the complaint.
After consideration of the entire
record the following facts are found:
1.
The respondent is a public agency within the meaning of 1-18a(a),
G.S.
2.
On October 22, 1986, the complainant requested the respondent provide
the following documents:
a. names,
addresses and all other public
information on Women's
Business Enterprises (WBE's), Minority Business Enterprises (MBE's) and
Disadvantaged Business Enterprises (DBE's) certified during 1980, 1981, 1982,
1983 and 1984;
b. names,
addresses and all other public
information on WBE's,
MBE's and DBE's decertified or denied recertification in 1980, 1981, 1982, 1983
and 1984, including any cases where hearings were held or appeals were filed;
c. all
administrative memoranda, public
standards, guidelines
and communications on the matters described in paragraphs 2a and b, above;
Docket #FIC
86-292
Page Two
d. and
correspondence with the federal
Department of
Transportation on WBE, MBE or DBE certifications, standards for certification
under 49 CFR 23, and state programs under 49 CFR 23.
3.
The complainant appealed to the Commission by letter of complaint dated
and filed with the Commission on October 22, 1986, alleging that the respondent
only partially fulfilled his request, in violation of 1-15 and
1-19(a), G.S.
4.
After the hearing the respondent filed an affidavit with the Commission
stating it provided the complainant with all the requested documents that
actually exist within the respondent's custody.
5.
It is found that the respondent has made a good faith effort to fulfill
the complainant's request and provided all the requested documents existing
within its custody.
6.
It is concluded, therefore, that the respondent did not violate
1-15 and 1-19(a), G.S.
7.
It is further found that the complainant's conduct at the hearing on
this matter totally lacked respect for the civilized adjudication of disputes
and is unacceptable.
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above- captioned complaint:
1.
The complaint is hereby dismissed.
2.
The Commission cautions the complainant that it will not tolerate
conduct like that which he exhibited at the hearing on this matter. Such conduct at future Commission
proceedings may lead to the imposition of appropriate sanctions against him.
Approved by order of the Freedom of
Information Commission at its regular meeting of January 14, 1987
ÿ
Catherine I.
Hostetter
Acting Clerk of the Commission