FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by Final Decision

John Backiel,

Complainant

against Docket #FIC 91-240

Regional School District 16 Board of Education,

Respondent January 8, 1992

The above-captioned matter was heard as a contested case on September 30, 1991, at which time the complainant, the respondent and the three intervening parties described in the findings, below, 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 of complaint filed on September 11, 1991, the complainant appealed to the Commission, alleging that his request for certain records had been denied.

3. It is found that certain of the requested records were the personnel files of Frank Sippy, Gary Gombar and Robert Capo.

4. It is found that Sippy, Gombar and Capo are public employees within the meaning of 1-20a(c) and 1-21i(b), G.S., and all filed objections to the disclosure of their personnel files.

5. The motions of Sippy, Gombar and Capo to intervene as parties in this matter pursuant to 1-21i(b), G.S., are granted.

6. It is found that all of the records alleged to have been denied to the complainant are disputed subjects of discovery in litigation in Superior Court, having variously been sought by subpoena, interrogatories and requests for production.

7. Section 1-19b(b), G.S., provides in relevant part:

Nothing in sections 1-15, 1-18a, 1-19 to 1-19b, inclusive, and 1-21 to 1-21k, inclusive, shall be deemed in any manner to ... affect the rights of litigants, including parties to administrative proceedings, under the laws of discovery of this state ....

Docket #FIC 91-240 Page 2

8. Pursuant to 1-19b(b), G.S., and the principle of comity, the Commission in its discretion declines to exercise its jurisdiction to decide the subject matter of this appeal, which is properly before the Superior Court.

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.

1. The complaint is dismissed.

Approved by Order of the Freedom of Information Commission at its regular meeting of January 8, 1992.

Debra L. Rembowski

Acting Clerk of the Commission

Docket #FIC 91-240 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:

John Backiel

c/o Theodore M. Pappas, Esq.

P.O. Box 1402

707 Main Street

Manchester, CT 06040

Regional School District 16 Board of Education

c/o John K. McDonald, Esq.

Kernan & Henry

P.O. Box 2156

Waterbury, CT 06722

Robert Capo

c/o William J. Dolan, Esq.

Suite 500

21 Oak Street

Hartford, CT 06106

Gary Gombar

Frank Sippy

c/o Alan Wein, Esq.

Skelley, Vinkels and Rottner, P.C.

12 Charter Oak Place

P.O. Box 14890

Hartford, CT 06114-0890

Debra L. Rembowski

Acting Clerk of the Commission