FREEDOM
OF INFORMATION COMMISSION
OF
THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL
DECISION
Carmine Zitani and
Hartford Fire Fighters, Local 760,
Complainants
against Docket
#FIC 1997-204
Patricia C. Washington,
Personnel Director, City of Hartford,
Respondent December
3, 1997
The
above-captioned matter was scheduled to be heard as a contested case on October
23, 1997, at which time the complainants and the respondent appeared in order
to present testimony and argument on the complaint.
At an informal
conference prior to the October 23, 1997 hearing, the complainants and the
respondent reached the terms of an agreement in resolution of this contested
case, wherein the parties agreed that:
a) the respondent will provide the records
requested at paragraph 3 of the complainants’ June 9, 1997 request letter (the
“request letter”) with in thirty days of the date hereof;
b) with reference to the audio tape requested
at paragraph 4 of the request letter, the respondent will not oppose the
complainants’ motion to intervene in the appeal that respondent will bring to
superior court from the Commission’s final decision in FIC# 1997-036; the
parties herein will in this case follow the law as finally adjudicated in the
appeal of the Commission’s final decision in FIC# 1997-036; and the parties
herein further agree that there are no facts distinguishing the legal claim in
the present case from the claim presented in FIC# 1997-036 and that, if the law
is finally adjudicated in favor of the complainants, the respondent will by way
of remedy provide a redacted tape to the complainants;
c) the respondent represents that the page
referenced at paragraph 11 of the request letter is not in existence and that
the recreation of that page which the respondent has furnished to the
complainants is as close a copy as possible of the original page.
Based upon this
agreement, the complainants informed the Commission that they wished to
withdraw their complaint.
The
Commission warmly commends both the complainants and the respondent for working
successfully to negotiate a non-litigated settlement of their earlier
differences.
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.
Approved
by Order of the Freedom of Information Commission at its special meeting of
December 3, 1997.
_________________________
Doris V. Luetjen
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:
Carmine Zitani and
Hartford Fire Fighters, Local 760,
c/o James Ferguson
35 Marshall Road
Rocky Hill, CT 06067
Patricia C. Washington,
Personnel Director, City of Hartford
c/o Ivan A. Ramos
550 Main Street
Hartford, CT 06103
__________________________
Doris V. Luetjen
Acting Clerk of the Commission
FIC1997-204/FD/tcg/12031997