FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Fred S. Baker,
Complainant
against Docket #FIC 94-190
Westport First Selectman,
Respondent December 14, 1994
The above-captioned matter was heard as a contested case on September 13, 1994, at which time the complainant and the respondent appeared and presented testimony, exhibits and argument on the complaint. This matter was consolidated for hearing with contested cases docket numbers FIC 94-100 and FIC 94-230.
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 June 9, 1994, the complainant alleged that the respondent violated the provisions of the Freedom of Information ("FOI") Act by failing to provide to him copies of certain memoranda.
3. It is found that by letter dated May 10, 1994, the complainant requested of the respondent a copy of the memo dated January 31, 1994 sent to Chief Gough regarding the budget.
4. It is also found that by letter dated May 26, 1994, the complainant requested of the respondent a copy of a letter from Mr. Joseph P. Arcudi dated approximately August 1993 addressed to then First Selectman Douglas Wood regarding the fire marshall's office and a letter he received from it dated July 1993. He also requested the letter containing Mr. Wood's response to Mr. Arcudi's letter dated shortly thereafter in August 1993.
5. As of the time of the hearing into this matter, the parties agreed that the only record still at issue in this case was the January 31, 1994 memorandum to Chief Gough identified in paragraph 3, above.
6. The record at issue is a public record within the meaning of 1-18a(d), G.S.
Docket #FIC 94-190 Page 2
7. It is found that the letter at issue contains a directive by Mr. Arcudi, the respondent's supervisor, concerning the respondent's following of orders, as well as communication concerning the budget.
8. It is also found that Mr. Arcudi disclosed the contents of the letter in question to a news reporter.
9. At the hearing below, the respondent claimed that Mr. Gough believed that the letter at issue was personal to him.
10. It is also found, however, that the respondent failed to establish that this directive from the first selectman to the fire chief is not a legitimate matter of public concern. Furthermore, no evidence is found in the administrative record that would indicate that the contents of the record at issue would be highly offensive to a reasonable person.
11. It is also found that the respondent did not invoke the notification provisions of 1-20a, G.S., under the facts of this case.
12. It is concluded that the letter at issue is not exempt from disclosure pursuant to 1-19(b)(2), G.S.
13. It is accordingly concluded that the respondent violated the provisions of 1-15(a), G.S., by failing to promptly provide to the complainant a copy of the record identified in paragraph 3, above.
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 a copy of the record identified in paragraph 3 of the findings, above.
2. Henceforth the respondent shall strictly comply with the provisions of 1-15(a), G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of December 14, 1994.
Debra L. Rembowski
Clerk of the Commission
Docket #FIC 94-190 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:
FRED S. BAKER
31 Apple Lane
Redding, CT 06896
WESTPORT FIRST SELECTMAN
c/o Andrew F. Fink, Esq.
257 Riverside Avenue
Westport, CT 06880
Debra L. Rembowski
Clerk of the Commission