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FREEDOM OF INFORMATION
COMMISSION |
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In
the Matter of a Complaint by |
FINAL
DECISION |
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William
D. Moore and Connecticut Associated |
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Complainants |
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against
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Docket #FIC 1999-385 |
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City
Manager, City of Hartford, |
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Respondents |
February
23, 2000 |
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The above-captioned matter was heard as a contested
case on October 21, 1999, at which time the complainants 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 §1-200(1),
G.S. [formerly §1-18a(1),
G.S.].
2.
By
letter dated June 16, 1999, the complainants submitted a request to the
respondent asking for copies of certified payroll records filed by the Gilbane
Building Company and all of its subcontractors for work performed on The
Learning Corridor Project (hereinafter the “payroll records”).
3.
It
is found that, after more than a month passed without receipt of the requested
copies, the complainant Moore telephoned the office of the respondent on July
22, 1999, and that a staff member of such office referred the complainants to
the City of Hartford Human Resources Department (HRD).
4.
It is found that, on July 22, 1999, a staff member at HRD informed the
complainants that the payroll records were at the offices of the Gilbane
Company and that the complainants should contact such company for copies of
the payroll records.
5.
It is found that, after several attempts to make contact with the
Gilbane Company, on August 16, 1999 the complainants made such contact and
were refused access to the payroll records by an employee of such company.
It is further found that, at such time, the complainants were directed
back to the respondent’s office in order to obtain the respondent’s
permission to disclose the payroll records.
6.
It is found that the complainants contacted the respondent’s office
on August 16, 1999, and were informed by a staff member that she would check
with the City of Hartford’s corporation counsel’s office before granting
the permission described in paragraph 5, above.
7.
Having failed to receive copies of the payroll records, by letter dated
August 19, 1999, and filed August 20, 1999, the complainants appealed to this
Commission alleging that the respondent violated the Freedom of Information (“FOI”)
Act in this matter.
8.
Section 1-210(a), G.S. [formerly §1-19(a),
G.S.], provides in relevant part that:
[e]xcept as otherwise provided by any federal law or state statute…every person shall have the right to inspect [public]…records promptly during regular office or business hours or to receive a copy of such records. . . .
9.
Section 1-200(5), G.S. [formerly §1-18a(5),
G.S.], defines “public records” as:
…any
recorded data or information relating to the conduct of the public's business
prepared, owned, used, received or retained by a public agency, whether such
data or information be handwritten, typed, tape-recorded, printed, photostated,
photographed or recorded by any other method.
10.
It is found that the payroll records are public records within the
meaning of §1-200(5),
G.S. [formerly §1-18a(5),
G.S.].
11.
It is further found that, at all times pertinent herein, the respondent
had the authority to arrange for the payroll records to be copied for the
complainants.
12.
It is found that, on October 12, 1999, the complainant was eventually
granted access to the payroll records.
13.
It is found that the access granted as described in paragraph 12,
above, was not prompt within the meaning of §1-210(a),
G.S. [formerly §1-19(a),
G.S.] and, therefore, it is concluded that the respondent violated such
statute.
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 promptness requirement of §1-210(a),
G.S. [formerly §1-19(a),
G.S.]
2.
The
Commission shall take administrative notice of the findings and conclusion in
this matter in consideration of any prospective requests for civil penalties
against the respondent.
Approved by Order of the Freedom of
Information Commission at its regular meeting of
February 23, 2000.
_________________________
Melanie R. Balfour
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:
William
D. Moore and Connecticut Associated Builders and Contractors, Inc.
1800 Silas Deane Highway, Suite 221
Rocky Hill, CT
06067
City
Manager, City of Hartford
c/o Ann F. Bird
Assistant Corporation Counsel
550 Main Street
Hartford, CT
06103
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC1999-385FD/mrb/02/25/00