FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Michael Selvaggi and Monument Setting Company, Inc.,

 

                        Complainants

 

            against              Docket #FIC 89-358

 

Stratford Town Manager,

 

                        Respondent                  February 14, 1990

 

            The above-captioned matter was heard as a contested case on November 20, 1989, at which time the complainants 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 and conclusions of law are reached:

 

            1.  The respondent is a public agency within the meaning of 1-18a(a), G.S.

 

            2.  By letter dated September 12, 1989, the complainants requested copies of the following: a. the restoration consultant contract for the Academy Hill monument contract; b. written verification or contract that Christine Roussell, Inc. is the subcontractor for the Academy Hill monument project; c. letters, contracts or agreements concerning the Academy Hill monument project and a Mr. James Michel; d. minutes of the February 16, 1989 meeting concerning restoration of the monument; e. any documents verifying the duties and amount and terms of payment with Christine Roussell, Inc. for their apparent capacity of subcontractor to Fletcher Thompson, Inc. in Fletcher Thompson's Feasibility Study report of 1986; f. copies of any change orders for completion date extensions of the projects with cost adjustments and stated reasons for the delay; and g. time cards/records of all employees who worked on the monument under the contract with the town for restoration of the monument.

 

            3.  By letter dated September 20, 1989, the respondent denied this request.

 

            4.  By letter filed with this Commission on October 16, 1989, the complainant appealed this denial.

 

            5.  It is found that the documents requested by the

 

Docket #FIC 89-358                           Page 2

 

complainants described in paragraph 2, items a., b., c., e., f., and g., above, do not constitute existing town documents.

 

            6.  It is found that on February 16, 1989, the respondent voluntarily conducted a staff meeting that included the contractor, architect and town engineer as well as the complainants and the wife of a complainant to address unclear issues surrounding the monument project.

 

            7.  It is found that the respondent did not take minutes of the February 16, 1989 gathering.

 

            8.  It is also found that the town engineer took some personal notes at the February 16, 1989 gathering, which notes do not constitute minutes of the respondent.

 

            9.  It is concluded that the documents requested by the complainant described in paragraph 2, item d., above, do not exist.

 

            10.  It is found that on numerous occasions the respondent has provided the complainant with access to its records and files in an attempt to fully comply with the letter and spirit of the FOI Act and has attempted to overcome some difficulty encountered in interpreting several characterizations contained in the complainants requests.

 

            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

 

Approved by order of the Freedom of Information Commission at its regular meeting of February 14, 1990.

 

                                                          

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 89-358                           Page 3

 

PURSUANT TO SECTION 4-180(c), G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

MICHAEL SELVAGGI

Monument Setting Company, Inc.

348 Surf Avenue

Stratford, CT 06497

 

STRATFORD TOWN MANAGER

c/o Steven G. Berg, Esquire

Gregory & Adams

190 Old Ridgefield Road

P.O. Box 190

Wilton, CT 06897

 

                                                          

                                    Tina C. Frappier

                                    Acting Clerk of the Commission