FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

  

The above-captioned matter was heard as a contested case on July 13, 2004 at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  Officer Jerel DeBerry, the subject of the requested records in this case, was granted party status in this matter.  During the course of the hearing, the parties reached the terms of a settlement as set forth below:

 

a.              The complainant limited his records request to evaluations, disciplinary records, or reprimands maintained in the personnel file of Officer DeBerry. 

 

b.              Officer DeBerry withdrew his objection to disclosure of the records described in paragraph a, above.  However, Officer DeBerry maintained his objection to the disclosure of all other records maintained in his personnel file and any personally identifiable information, other than his name, such as his social security number, his home address and telephone number, and his date of birth. 

 

c.              Officer DeBerry agreed to provide written notification to the respondent Chief Administrative Officer that he has modified his objection to the disclosure of his personnel file which notification will describe the substance of that modification.

 

d.              The respondent Chief Administrative Officer agreed to provide the complainant with any and all evaluations, disciplinary records or reprimands maintained in the personnel file of Officer DeBerry, to the extent such records exist.  The respondent also agreed to provide the complainant with an affidavit affirming that the complainant has been provided with a copy of any and all records, that exist and are maintained by the respondent, and that are responsive to the complainant’s request described in paragraph a, above.

 

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 the parties for resolving this matter.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of September 8, 2004.

 

________________________________

Petrea A. Jones

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:

 

            Edward F. LeGault

182 Skinner Road

Vernon, CT 06066

 

Chief Administrative Officer, State

of Connecticut, Department of

Motor Vehicles

c/o Steven A. Shonta

Labor Relations Manager

Department of Motor Vehicles 

Human Resources Unit

55 West Main Street

Waterbury, CT 06702-2004

 

Jerel DeBerry

35 Fuller Avenue

East Hartford, CT 06108

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

FIC/2004-085FD/paj/9/10/2004