FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Carl J. Liano,
Complainant
against Docket #FIC 93-301
Dennis Murphy, Director, Bridgeport Labor Relations/Benefits Administration,
Respondent March 9, 1994
The above-captioned matter was heard as a contested case on December 6, 1993, at which time the complainant and the respondent appeared and presented testimony, exhibits and argument on the complaint. This case was consolidated for hearing with contested case docket #FIC 93-303.
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 with this Commission on November 4, 1993, the complainant alleged that the respondent failed to comply with the final decision of September 22, 1993 in contested case docket #FIC 93-144. He requested the imposition of civil penalties against the respondent.
3. This Commission takes administrative notice of the records and final decisions in contested cases docket #s FIC 93-144 and FIC 93-150, which cases were consolidated for hearing on July 27, 1993.
4. It is found that the respondent neither took an administrative appeal of contested case docket #FIC 93-144, nor did he comply with this Commission's order to provide to the complainant free of charge a computer print-out containing the listing of overtime received by each police officer, as operative under the facts of that case.
5. The respondent claims that the documents at issue relate to ongoing workers compensation claims.
6. It is found that the respondent is not a party to a workers compensation claim filed by the complainant nor is the record at issue one of strategy or negotiation within the
Docket #FIC 93-301 Page 2
meaning of 1-19(b)(4), G.S.
7. It is found that a sergeant Gaudette is now willing to provide an existing printout responsive to the complainant's request, which document goes back to 1990.
8. It is concluded that the respondent violated the provisions of 1-19a(a), G.S., under the facts of this case.
9. It is also concluded that the respondent denied a copy of the record at issue to the complainant without reasonable grounds.
10. It is further concluded that the respondent failed to comply with the order of this Commission in contested case docket #FIC 93-144, within the meaning of 1-21k(b), G.S.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.
1. The respondent shall forthwith provide to the complainant, free of charge, a copy of the records at issue identified in paragraphs 4 and 7 of the findings, above.
2. This Commission notes that a civil penalty has been issued against the respondent in the companion case identified as contested case docket #FIC 93-303.
3. Although at this time the Commission in its discretion declines to refer this case to prosecuting authorities for enforcement pursuant to the provisions of 1-21k(b), G.S., failure to strictly comply with the instant order shall put the respondent at such risk.
Approved by Order of the Freedom of Information Commission at its regular meeting of March 9, 1994.
Elizabeth A. Leifert
Acting Clerk of the Commission
Docket #FIC 93-301 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:
Mr. Carl Liano
29 Centerview Drive
Shelton, CT 06484
Dennis Murphy, Director,
Bridgeport Labor Relations/Benefits Administration
c/o John H. Barton, Esq.
Office of Bridgeport City Attorney
202 State Street
Bridgeport, CT 06604
Elizabeth A. Leifert
Acting Clerk of the Commission