FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Ethan L. Jones,

 

                        Complainant

 

            against              Docket #FIC 93-322

 

Donald St. Pierre, Chairman, Plainville Town Council,

 

                        Respondent                  June 8, 1994

 

            The above-captioned matter was heard as a contested case on February 18, 1994, 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 and conclusions of law are reached:

 

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

 

            2.  It is found that sometime during October 1993 the complainant mailed a letter dated September 12, 1993 to the Town Manager John Bohenko, requesting access to copies of various records pertaining to a job application previously made by the complainant to the Plainville Police Department ("police department") for the position of patrolman.

 

            3.  It is found that Bohenko received the Septemebr 12 letter of request, described in paragraph 2, above, on October 14, 1993.

 

            4.  It is found that Bohenko responded to the complainant's records request by letter dated October 15, 1993, and provided the complainant with copies of records of the patrolman position vacancy announcement, the complainant's written and oral examination ranking, the ranking of those applicants recommended to the Town Council for the position and an explanation concerning the complainant's background review.

 

            5.  It is found that after receiving Bohenko's response, described more fully in paragraph 4, above, the complainant then by letter dated October 28, 1993, made a request, this time to the respondent, requesting access to copies of the background report concerning himself, the sources of the information contained in such report and the Town of Plainville's ("town")

 

Docket #FIC 93-322                           Page 2

 

hiring criteria for the position of patrolman.

 

            6.  It is found that the respondent never responded to the complainant's October 28 records request upon receipt of such request.

 

            7.  It is found that the complainant then by letter dated November 23, 1994 renewed his October 28 records request, this time directing the request to Elizabeth Boukus, the respondent's successor and chairperson of the Town Council.

 

            8.  By letter of complaint dated November 23, 1993 and filed with the Commission on November 26, 1993 and supplemented by letter dated January 19, 1994 and filed with the Commission on January 21, 1994, the complainant alleged that the respondent violated the Freedom of Information ("FOI") Act by denying him access to copies of background report records and the town's hiring criteria for the position of patrolman, as described more fully in paragraph 5, above.

 

            9.  The complainant requested that the Commission issue civil penalties against the respondent, Bohenko and Boukus.

 

            10.  At the hearing in this matter, the complainant informed the Commission that subsequent to the filing of his complaint he was provided with access to inspect the requested background report records.  Consequently, the only allegations being addressed by the Commission are as follows:

 

                        a.  failure of the respondent to provide copies of records of the town's hiring criteria for the position of patrolman; and

 

                        b.  failure of the respondent to promptly provide access to copies of the requested background report records, as described more fully in paragraphs 5 and 8, above.

 

            11.  It is found that the requested records are public records within the meaning of 1-18a(d) and 1-19(a), G. S.

 

            12.  It is found that Bohenko serves as the chief personnel officer, and is the custodian of the requested records and not the respondent to whom the complainant directed his October 28 1993 request.

 

            13.  Further, it is found that no records containing specific hiring criteria for the position of patrolman exist.

 

Docket #FIC 93-322                           Page 3

 

            14.  Therefore, with respect to the allegations described in paragraph 10a. and 10b. above, it is concluded that the respondent did not violate the complainant's rights under the FOI Act since the respondent is not the custodian of the requested records.

 

            15.  The complainant's request for civil penalties is denied.

 

            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 June 8, 1994.

 

                                                                 

                                    Debra L. Rembowski

                                    Clerk of the Commission

 

Docket #FIC 93-322                           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:

Mr. Ethan L. Jones

192 River Street

Southington, CT 06489

 

Donald St. Pierre, Chairman

Plainville Town Council

c/o Robert A. Michalik, Esq.

Plainville Town Attorney

136 West Main Street

P.O. Box 2950

New Britain, CT 06050-2950

 

                                                                 

                                    Debra L. Rembowski

                                    Clerk of the Commission