FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by

FINAL DECISION

Jonathan Kellogg and Waterbury
Republican-American,

 

 

Complainants

 

 

against

 

 Docket #FIC1999-456

Philip A. Giordano, Mayor, City of
Waterbury; Roger A. Damerow,
Superintendent of Schools, Waterbury
Public Schools; Michael A. Andolina,
President, Board of Education, Waterbury
Public Schools; John Alseph; Paul D’Angelo;
Deborah Schatzle-Baker; Rodney Parker;
David Burgos; Larry Pisapio; Mary White;
Robert Urso; James Murray, Members,
Board of Education, City of Waterbury;
Elena Ricci, Corporation Counsel, City of
Waterbury; and James Weir, Assistant
Corporation Counsel, City of Waterbury;

 

 

Respondents

February 9, 2000

 

 

 

 

            The above-captioned matter was first heard as a contested case on November 18, 1999, at which time the complainants and certain respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  The case was continued to January 20, 2000, at which time all complainants and respondents appeared and reached an agreement in resolution of this contested case as follows:

 

Stipulation

 

All parties hereby agree to fully and completely resolve this matter in accordance with the following terms:

 

1.  All parties acknowledge that a written Freedom of Information request seeking the production of certain City of Waterbury Department of Education documents was submitted to the Corporation Counsel’s Office and forwarded to the Department of Education pursuant to established guidelines.   The Department of Education did not comply with the request in a timely fashion in accordance C.G.S. §1-206 though all requested documents have since been produced.    

 

2.  All complaints, appeals, claims and/or petitions of any kind or manner now pending before or filed with the Freedom of Information Commission in which the City of Waterbury, any of its departments or employees are respondents[,] shall be withdrawn with prejudice by the complainants including: FIC1999-456, 1999-461 and 1999-462.

 

3.  From this date forward all Freedom of Information Act requests directed to the City from the complainants or the Waterbury Republican-American [and] its employees/agents, shall be directed to the designated City of Waterbury department, agency or division head/representative.  The city shall provide within 7 days of 1/20/00…to the complainant’s counsel and to Jonathan Kellogg [a list] of the City of Waterbury department, agency or division heads or representative[s]. 

 

4.  All designated City department, agency or division heads or representatives shall attend Freedom of Information Commission provided training within 30 days or as soon as practicable.  The City shall notify the Republican-American’s executive editor of the scheduled date for the training session prior to the date of the session.

 

5.  The City of Waterbury shall supplement its list of department, agency, or division heads/representatives upon a designee retiring, separation of employment, incapacity, or at other times as the city deems advisable.  Changes to the list shall be provided to the executive editor of the complainants within a reasonable time.  The City will be responsible for providing Freedom of Information training to the new designee.”

 

The parties further agreed at the continued hearing in this matter that, should the Freedom of Information Commission decline to adopt this hearing officer’s report, the foregoing five stipulations shall be deemed null and void.

 

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 commends all parties for reaching a non-litigated settlement of this matter.

 

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of

February 9, 2000.

 

 

_________________________

Ann B. Gimmartino

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:

 

Jonathan Kellogg and Waterbury

Republican-American

c/o Thomas Parisot, Esq.

Secor, Cassidy & McPartland, PC

41 Church Street

P.O. Box 2828

Waterbury, CT  06723-2818

 

Philip A. Giordano, Mayor, City of

Waterbury; and Elena Ricci, Corporation

Counsel, City of Waterbury

c/o William Ryan, Esq.

Summa & Ryan, P.C.

19-21 Holmes Avenue

Waterbury, CT  06722

 

Roger A. Damerow, Superintendent

of Schools, Waterbury Public Schools

c/o Dana A. D’Angelo, Esq.

Smith & Smith, LLC

P.O. Box 1263

459 Middlebury Road

Middlebury, CT  06762

 

Michael A. Andolina, President,

Board of Education, Waterbury

Public Schools; John Alseph;

Paul D’Angelo; Deborah Schatzle-Baker;

Rodney Parker; David Burgos; Larry

Pisapio; Mary White; Robert Urso; James

Murray, Members, Board of Education,

City of Waterbury

c/o Steven Panos, Esq.

Law Offices of Thomas E. Porzio

625 Wolcott St. Suite 21

Waterbury, CT  06705

 

James Weir, Assistant Corporation

Counsel, City of Waterbury

c/o Steven Dembo, Esq.

Office of Corporation Counsel

236 Grand Street

Waterbury, CT  06702.  

 

 

 

 

__________________________

Ann B. Gimmartino

Acting Clerk of the Commission

 

 

FIC1999-456/FD/mes/02142000