FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

            The above-captioned matter was heard as a contested case on January 7, 2008, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  The respondent submitted the entire personnel file of the subject of the requested records for an in camera inspection, which was conducted by the hearing officer.

 

            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.

 

2.  By letter of complaint filed August 31, 2007, the complainant appealed to the Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by failing to provide all the records that were responsive to his request.

 

3.   It is found that the complainant, in early August of 2007, requested all records of citizen complaints or disciplinary actions taken against Officer Gregory Tartaglia.

 

4.  It is found that the respondents, within two weeks following the request, reviewed Officer Tartaglia’s entire personnel file, and provided the complainant with two records responsive to his request.

 

5.   Section 1-200(5), G.S., provides:

 

   “Public records or files” means any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, or to which a public agency is entitled to receive a copy by law or contract under section 1-218, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.

 

6.   Section 1-210(a), G.S., provides in relevant part that:

 

   Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to (1) inspect such records promptly during regular office or business hours, (2) copy such records in accordance with subsection (g) of section 1-212, or (3) receive a copy of such records in accordance with section 1-212.

 

            7.  It is found that the requested records, as well as Officer Tartaglia’s entire personnel file, are public records within the meaning of §§1-200(5) and 1-210(a), G.S.

 

8.  It is found that there are no additional records within Officer Tartaglia’s

personnel file that are responsive to the complainant’s request.

 

9.  It is concluded that the respondents did not violate the FOI Act. 

 

           

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

            1.  The complaint is dismissed.

 

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of July 23, 2008.

 

 

____________________________

S. Wilson

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:

 

James Tedeschi

1214 Stanley Street, Apt. 202

New Britain, CT 06051

 

Chief, Police Department,

City of New Britain

c/o Joseph E. Skelly, Jr., Esq.

Assistant Corporation Counsel

City of New Britain

27 West Main Street

New Britain, CT 06051

 

Personnel Department,

City of New Britain

c/o Joseph E. Skelly, Jr., Esq.

Assistant Corporation Counsel

City of New Britain

27 West Main Street

New Britain, CT 06051

 

 

 

 

____________________________

S. Wilson

Acting Clerk of the Commission

 

 

FIC/2007-470FD/sw/7/28/2008