FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Ben J. Mazzucco,
Complainant
against Docket #FIC 91-192
Executive Director, East Haven Economic Development Commission,
Respondent March 25, 1992
The above-captioned matter was heard as a contested case on October 4, 1991, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. This matter was consolidated for the purposes of hearing with Docket #FIC 91-197.
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 July 11, 1991, the complainant appealed to the Commission, alleging that his request for certain records was denied.
3. It is found that the complainant by letter dated June 21, 1991 requested copies of records pertaining to the employment of Frank Cappelloni, including:
a. any proposed or executed employment contract;
b. any correspondence or other documents regarding the employment of Cappelloni;
c. any billing statements submitted by Cappelloni;
d. any reports, memos, notes or correspondence submitted by Cappelloni;
e. any payroll expenditures made to Cappelloni; and
f. any cancelled checks or payments to Cappelloni.
4. It is also found that the complainant in his June 21 letter asked for answers to questions concerning Cappelloni's employment, such as whether Cappelloni's salary was fixed, whether additional expenses were incurred as a result of his hiring, and what his authority, his superiors, and duties were.
Docket #FIC 91-192 Page 2
5. It is also found that the complainant in his June 21 letter requested copies of all compensation paid to the law firm of Fasano & Ippollito, and an explanation for such compensation.
6. It is found that the respondent, by a letter dated August 2, 1990, provided cancelled checks and check stubs in response to that portion of the complainant's request described in paragraph 3.f, above; provided an August 2, 1990 letter informing Cappelloni that he had been hired to fill a newly created $15,000 per year consulting position, in response to that portion of the complainant's request described in paragraph 3.b, above; and provided copies of cancelled checks paid to Fasano & Ippollito in response to that portion of the request described in paragraph 5, above.
7. The respondent maintains that he has provided all existing documents that are responsive to the complainant's request.
8. It is found that the bulk of the records provided to the complainant consist of copies of cancelled checks and check stubs that were located in one general area.
9. It is concluded that the records described in paragraph 6, above, are public records within the meaning of 1-18a(d) and 1-19(a), G.S.
10. It is concluded that the records described in paragraph 6, above, were not provided promptly, in violation of 1-15 and 1-19(a), G.S.
11. It is found that the checks that are responsive to the complainant's request were attached to or located near invoices and bills which are public records within the meaning of 1-18a(d) and 1-19(a), G.S.
12. It is found that the invoices and bills are responsive to that portion of the complainant's request described in paragraphs 3 and 5, above.
13. It is concluded that the respondent violated 1-15 and 1-19(a), G.S., by failing to provide copies of the invoices and bills described in paragraph 11, above.
14. At the hearing, the respondent agreed that he would provide copies of the bills and invoices described in paragraph 11, above, and explained that he had not provided them earlier because he did not understand them to be responsive to the complainant's request.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
Docket #FIC 91-192 Page 3
1. The respondent shall forthwith provide to the complainant copies of the records described in paragraph 11 of the findings, above.
2. Henceforth the respondent shall strictly comply with the requirements of 1-15 and 1-19(a), G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of March 25, 1992.
Debra L. Rembowski
Acting Clerk of the Commission
Docket #FIC 91-192 Page 4
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:
Ben J. Mazzucco
c/o Attorney Alfred J. Cronk
P.O. Box 147
East Haven, CT 06512
Executive Director
East Haven Economic Development Commission
c/o Atty.Joseph E. Skelly, Jr.
Gesmonde, Pietrosimone, Sgrignari, Pinkus & Sachs
3127 Whitney Avenue
Hamden, CT 06518
Debra L. Rembowski
Acting Clerk of the Commission