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