FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                                                FINAL DECISION

 

Robert Anthony and Hamden Professional
Firefighters Local 2687,

 

                        Complainant(s)

 

            against                                                                          Docket #FIC1996-004

 

Fire Chief, Hamden Fire Department,

 

                        Respondent(s)                                                  November 13, 1996

 

            The above-captioned matter was heard as a contested case on May 7, 1996, at which time the complainants and respondent 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 respondent is a public agency within the meaning of §1-18a(a), G.S.

 

            2.         It is found that by letters dated September 7, 1995 and January 3, 1996 (“requests”), the complainants requested that the respondent provide them with a “current list of [the names of] all Hamden Volunteer Firefighters [“volunteers”] and their qualifications [“list”].”

 

            3.         By letter of complaint dated January 7, 1996 and filed with this Commission on January 9, 1996, the complainants alleged that the respondent failed to respond to, or comply with their requests.

 

            4.         It is found that the respondent does not maintain the list that the complainants are seeking.

 

            5.         It is found that each volunteer department has its own fire chief who is responsible for maintaining such lists. There are three volunteer departments that serve Hamden.

 

            6.         It is found that in response to the complainants’ January request the respondent contacted each volunteer fire chief and requested that he or she provide him with the list, so that he could compile the lists for each department and provide the records to the complainants.

 

            7.         It is found that with cover letter dated March 27, 1996 (“March letter”), the respondent provided the complainants with a list of names of the volunteers, but not the information about their qualifications.

 

            8.         The complainants argue that the list provided with the respondent’s March letter is incomplete and outdated.

 

            9.         At the hearing on this matter (“hearing”), the respondent advised the complainants that he was compiling the qualification information for the list.

 

            10.       At the hearing the respondent also agreed to provide the complainants with a complete list of all active volunteers on or before May 31, 1996.

 

            11.       It is concluded that the respondent did not violate the provisions of §§1-15(a) and 1-19(a), G.S., in this case because the list was not maintained or kept on file by the respondent at the time of the complainants’ request.

 

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

            1.         The complaint is hereby dismissed.

 

            2.         The Commission believes that the respondent should have promptly informed the complainants at the time that they first requested the list that it was not a record that his office maintained, rather than simply failing to respond to their original September 7, 1995, request for the list.  The Commission nevertheless commends the respondent for the efforts that he has subsequently taken to provide the list to the complainants.

 

 

Approved by Order of the Freedom of Information Commission at its special meeting of November 13, 1996.

 

 

 

__________________________

Elizabeth A. Leifert

Acting 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:

 

Robert Anthony and Hamden Professional
Firefighters Local 2687

P.O.  Box 6118

Hamden, CT 06517-0118

 

 

Fire Chief, Hamden Fire Department

c/o  Susan Gruen, Esq.

2372 Whitney Avenue

Hamden, CT 06518

 

 

__________________________

Elizabeth A. Leifert

Acting Clerk of the Commission

 

FIC 1996-004/FD/eal/112296