FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by Final Decision

Fred S. O'Donnell,

Complainant

against Docket #FIC 1995-335

George E. Luther, Deputy Commissioner,

Division of Fire, Emergency and Building

Services, State of Connecticut, Department of

Public Safety,

Respondent July 24, 1996

The above-captioned matter was heard as a contested case on December 18, 1995 and June 20, 1996, at which times 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. By letter of complaint dated November 22, 1995 and filed with the Commission on November 24, 1995, the complainant appealed to the Commission alleging that the respondent failed to comply with the Commission's order in docket #FIC 94-287, Fred S. O'Donnell v. George E. Luther, Deputy Commissioner, Division of Fire, Emergency and Building Services, State of Connecticut, Department of Public Safety, (hereinafter "FIC 94-287"). The complainant requested that civil penalties be imposed upon the respondent.

3. The Commission takes administrative notice of the record and decision in FIC 94-287.

Docket #FIC 1995-335 Page 2

4. In FIC 94-287 the Commission ordered that:

1. The respondent shall forthwith provide the complainant with any updated versions of the records identified in paragraph 8 of the findings, above.

5. The complainant contends that the respondent did not provide him with a copy of a personal service agreement for Thomas Haynes ("agreement") for the contract period August 1, 1993 through July 31, 1995 which existed prior to and at the time of the Commission's order in FIC 94-287; that he was able to obtain such an agreement on his own from a source other than the respondent prior to the hearing and the Commission's order in FIC 94-287; and that a comparison of the agreement he obtained on his own with one provided to him by the respondent at the hearing in FIC 94-287 for the same contract period shows a difference in the amounts indicated and the signature approving the agreement.

6. The sole issue in this appeal is whether the respondent failed to comply with the Commission's order in FIC 94-287 to provide the complainant with "any updated versions" of the records provided to him at the hearing in FIC 94-287.

7. It is found that the agreement obtained by the complainant on his own (“FIC 95-335 complainant's exhibit B”) is a fully executed document, signed as approved on August 13, 1993, while the agreement provided to the complainant by the respondent at the hearing in FIC 94-287 (“FIC 95-335 complainant's exhibit A”) has no approval signature, however, it is signed by Haynes as accepted on June 7, 1993.

8. It is found that while both agreements, described in paragraph 7, above, are for the same contract period, the amounts indicated are different, FIC 95-335 complainant's exhibit B indicates an amount of $3000, and FIC 95-335 complainant's exhibit A indicates an amount of $9000.

9. It is found that FIC 95-335 complainant's exhibit B is an updated version of FIC 95-335 complainant's exhibit A.

10. It is found that at the December 18, 1995 hearing on this matter, the respondent provided the complainant with a copy of FIC 95-335 complainant's exhibit B.

11. It is therefore, concluded that the respondent violated the Commission's order in FIC 94-287 when it failed to “forthwith” provide the complainant with FIC 95-335 complainant's exhibit B.

Docket #FIC 1995-335 Page 3

12. The Commission in its discretion declines to impose a civil penalty in this matter.

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

1. Henceforth, the respondent shall strictly comply with the Commission's future orders.

Approved by Order of the Freedom of Information Commission at its regular meeting of July 24, 1996.

__________________________

Doris V. Luetjen

Acting Clerk of the Commission

fic1995-335/fd/mwp/07311996

Docket # FIC 1995-335 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:

Fred S. O’Donnell

P.O. Box Drawer E

Mystic, CT 06355

George E. Luther, Deputy Commissioner,

Division of Fire, Emergency and Building Services,

State of Connecticut, Department of Public Safety

c/o Asst. Atty. Gen. Ann E. Lynch

110 Sherman Street

Hartford, CT 06105

__________________________

Doris V. Luetjen

Acting Clerk of the Commission