FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
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In the Matter of a Complaint by |
FINAL DECISION |
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Richard E. Balestrieri, |
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Complainant |
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against |
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Docket #FIC 1999-433 |
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Personnel Director, Civil Service |
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Respondents |
March 22, 2000 |
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The above-captioned matter was heard as a contested case on February 22, 2000, at which time the complainant and the respondents 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 respondents are public agencies within the meaning of §1-200(1), G.S., [(formerly §1-18a(1), G.S.].
2. By letter dated August 16, 1999, the complainant requested that the respondent personnel director provide him with a copy of the following, (hereinafter “requested records”):
a. the top fifty candidates for the Bridgeport Fire Department Lieutenant’s Examination [administered in May 1999] in their proper numeric order; and
b. a breakdown of each candidate’s written score, oral score and seniority points given;
3. Having failed to receive the requested records, the complainant, by letter dated September 15, 1999 and postmarked September 16, 1999, filed this appeal with the Commission, alleging that the respondents violated the Freedom of Information Act (“FOI”) by denying him a copy of the requested records.
4. It is found that by letter dated October 18, 1999, the respondent personnel director informed the complainant that the requested records could be made available to him, however, that in order to provide him with the information broken down in the categories requested, a staff person would be required to create a document not now in existence. Specifically, at the hearing on this matter, the respondent personnel director agreed to create a list containing the information requested by the complainant and described in paragraph 2, above, at a cost of approx $20-$30 for the employee time involved in creating such a list. Such a list will be made available to the complainant within approximately one week from the date of the hearing in this matter.
5. It is found that the respondents are not required under the FOI Act to create a document not in existence at the time of the complainant’s request to satisfy such request, however, the Commission applauds the stance of the respondents in attempting to afford the complainant access to the specific information he seeks.
6. It is also found that compiling the list described in paragraph 4 above, requires that an employee transfer data from each of the fifty candidate’s application form.
7. Based on the representation of the respondent personnel director, and the understanding of the complainant and the Hearing Officer in this matter, the complainant agreed to pay the respondents for the employee time involved in creating the desired list.
8. The complainant also indicated at the hearing that he wished to withdraw the complaint.
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, and the Commission commends both parties for their efforts in resolving their earlier differences.
Approved by Order of the Freedom of Information Commission at its regular meeting of
March 22, 2000.
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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:
Richard
E. Balestrieri
Three
Richmond Drive
Monroe, CT 06468-2531
Personnel Director, Civil Service Commission, City of Bridgeport; and Civil Service Commission, City of Bridgeport
999 Broad Street
Bridgeport, CT 06604
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC1999-433FD/mrb/03/23/00