FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Edward A. Peruta,

 

                                Complainant

 

                against                                   Docket #FIC 94-447

 

O.      Paul Shew, Rocky Hill TownManager; Curtis Roggi, Rocky Hill Town Attorney;

P.       Donald Unwin, Mayor of Rocky Hill; and Holly-Ann Dignoti, Joseph A. DiNunzio,

Michael J. Gerace, Nicholas A. La Rosa, William J. Pacelia, Arthur S. Spada, Raymond R. Sweezy

and Rocky Hill Town Council,

 

                                Respondents                        October 25, 1995

 

                The above-captioned matter was heard as a contested case on August 17, 1995, at which time the complainant and the respondents appeared 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 respondents are public agencies within the meaning of 1-18a(a), G.S.

 

                2.             It is found that by letter to the respondent mayor dated November 8, 1994, Attorney Donald W. Strickland provided a legal opinion concerning the employment contract of respondent Shew, (hereinafter "the opinion"), as requested by the respondent mayor on or about October 14, 1994.

 

                3.             It is found that each of the named respondents received a copy of the opinion shortly after its issuance.

 

                4.             It is found that by oral and written requests of December 28, 1994, the complainant asked that respondent Shew provide him with access to the opinion.

 

                5.             It is found that respondent Shew declined to provide the complainant with access to his copy of the opinion, claiming the document was exempt from disclosure pursuant to the attorney-client privilege.

 

Docket #FIC 94-447                                             Page 2

 

                6.             It is found that by written requests of December 28, 1994, the complainant sought access to the opinion from the other named respondents.

 

                7.             It is found that the other named respondents failed to respond to the complainant's request, or provide access to the opinion.

 

                8.  By letter of complaint dated and filed with this Commission on December 29, 1994, the complainant alleged that the respondents failed to provide him with access to the opinion, and requested the imposition of civil penalties.

 

                9.             It is found that the opinion is a public record within the meaning of 1-18a(d), G.S.

 

                10.           It is found that on or about June 30, 1995, respondent Shew left the employ of the town of Rocky Hill.

 

                11.           It is found that on or about July 31, 1995, the interim town manager contacted respondent Roggi concerning the respondents' failure to provide the complainant with the opinion.

 

                12.           It is found that on or about August 1, 1995, eight months after his initial requests, the complainant was provided with a copy of the opinion.

 

                13.           Concerning respondent Shew's claim of the applicability of attorney-client privilege, it is found that he failed to prove the existence of an attorney-client relationship between himself and Attorney Strickland, and that the opinion was a "communication privileged by the attorney-client relationship" pursuant to 1-19(b)(10), G.S.

 

                14.           At the hearing on this matter the respondents claimed that at the time of the complainant's requests the opinion was also exempt from disclosure as a personnel record of respondent Shew.

 

                15.           It is found that the respondents failed to prove that the opinion was a personnel, medical or similar file the "disclosure of which would constitute an invasion of personal privacy" in accordance with 1-19(b)(2), G.S.

 

                16.           It is concluded that the respondents failed to prove the applicability of either 1-19(b)(2) or 1-19(b)(10), G.S., to the opinion at issue.

 

                17.           It is further concluded that the respondents violated 1-19(a), G.S., by failing to provide the complainant with prompt access to the opinion.

 

Docket #FIC 94-447                                             Page 3

 

                18.           It is further found that the respondents' failure to comply with the complainant's requests was without reasonable grounds.

 

                The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.

 

                1.  Each of the named respondents shall remit to the Commission a civil penalty of fifty dollars ($50) within thirty days of the date of mailing the notice of final decision in this case.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of October 25, 1995.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 94-447                                             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:

Edward A. Peruta

38 Parish Road

Rocky Hill, CT 06067

 

O. Paul Shew, Rocky Hill Town Manager; Curtis Roggi, Rocky Hill Town Attorney; Donald Unwin, Mayor of Rocky Hill; and Holly-Ann Dignoti, Joseph A. DiNunzio, Michael J. Gerace, Nicholas A. La Rosa, William J. Pacelia, Arthur S. Spada, Raymond R. Sweezy and Rocky Hill Town Council

c/o Curtis Roggi, Esq.

Roggi & Morelli, P.C.

Suite 301

2080 Silas Deane Highway

Rocky Hill, CT 06067

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission