FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Thomas J. Bartunek,

Complainant

against Docket #FIC 94-180

Personnel Director, State of Connecticut, Department of Transportation,

Respondent September 14, 1994

The above-captioned matter was heard as a contested case on August 8, 1994, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. This case was consolidated for hearing with Docket #FIC 94-87, Thomas J. Bartunek against Personnel Director, State of Connecticut, Department of Transportation.

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 May 18, 1994, the complainant appealed to the Commission, alleging that his May 3, 1994 request for certain records had been denied.

3. It is found that the complainant was a candidate, but was not selected, for a certain promotional opportunity.

4. It is found that the complainant's collective bargaining unit filed a grievance on his behalf over his failure to be promoted.

5. The complainant maintains that an illegal labor practice was uncovered in the course of his grievance hearing.

6. It is found that the complainant by letter dated May 3, 1994 requested a copy of the inquiry into the alleged illegal labor practice.

7. It is found that the inquiry was informal, and that there is no record of it.

Docket #FIC 94-180 Page 2

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 September 14, 1994.

Debra L. Rembowski

Clerk of the Commission

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:

THOMAS J. BARTUNEK

3 Ponds Farm

East Haddam, CT 06423

PERSONNEL DIRECTOR, STATE OF CONNECTICUT, DEPARTMENT OF

TRANSPORTATION

c/o Frederick J. Sanders

P.O. Box 317546

Newington, CT 06131-7546

Debra L. Rembowski

Clerk of the Commission