FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Kevin J. Strasser and AFSCME Local 1303-042,

 

                        Complainants

 

            against              Docket #FIC 94-214

 

Windsor Personnel Director,

 

                        Respondent                  April 26, 1995

 

            The above-captioned matter was heard as a contested case on January 26, 1995, at which time the complainants 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.         By letter of complaint filed June 30, 1995, the complainants appealed to the Commission, alleging that their request for certain documents had been denied.

 

            3.         It is found that the complainants by letter dated June 21, 1994 requested certain information concerning "facilitator training" and other personnel information.

 

            4.         It is found that the town of Windsor government began a change two years ago from a traditional hierarchical form of management to self-directed work teams.

 

            5.         It is found that the complainants believe that certain individuals have been favored by being designated "facilitators" to make the management transition smoother, and have received the benefit of certain training not made available to the complainants.

 

            6.         It is found that the complainants sought, through their June 21, 1994 request, to discover what funds had been spent on "facilitator training," and certain other related personnel information.

 

            7.         It is found that the information sought by the complainants is contained within public records maintained or within the control of the respondent.

 

Docket #FIC 94-214                           Page 2

 

            8.         It is found that the respondent did not provide records that were responsive to the request for information concerning "facilitator training."

 

            9.         At the hearing, it became apparent that the parties disagree about the label "facilitators," the complainants maintaining that there were such individuals, and the respondent denying that there were.

 

            10.       Also at the hearing, the respondent agreed that she would make all its non-exempt public records available to the complainants for review, and the complainants agreed that their complaint could be deemed withdrawn if they did not notify the Commission of a continued lack of access by February 26, 1995.

 

            11.       It is found that the parties did not alert the Commission of any continuing Freedom of Information Act controversy by the date of the proposed decision in this matter.

 

            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 April 26, 1995.

 

 

                                                                 

                                    Debra L. Rembowski

                                    Clerk of the Commission

 

Docket #FIC 94-214                           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:

KEVIN J. STRASSER AND AFSCME LOCAL 1303-042

200 Broad Street

Plainville, CT 06062

 

WINDSOR PERSONNEL DIRECTOR

c/o Kevin M. Deneen, Esq.

O'Malley, Deneen, Massina & Oswecki

20 Maple Avenue

Windsor, CT 06095

 

                                                                 

                                    Debra L. Rembowski

                                    Clerk of the Commission