In the Matter of a Complaint by FINAL DECISION


Robert L. Silvestri and AFSCME Local No. 387,




against Docket #FIC 87-326


Director of Personnel and Labor Relations, State of Connecticut Department of Administrative Services,


Respondent March 29, 1988


The above-captioned matter was heard as a contested case on December 17, 1987, 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:


1. The respondent is a public agency within the meaning of 1-18a(a), G.S.


2. By letter dated October 13, 1987, the complainants requested copies of several grievance files.


3. By letter dated November 3, 1987, an employee of the respondent stated he would provide the complainants with copies of the requested records and asked the complainants to schedule an appointment to review the records before he made copies for them.


4. By letter dated November 4, 1987 and filed with the Commission on November 6, 1987, the complainants alleged the respondent violated the Freedom of Information Act in her failure to release the requested records.


5. By letter dated November 13, 1987, the complainants stated they would not need to review the grievance files prior to having copies made for them. The complainants asked the respondent to identify any of the requested records that would be withheld from them.


Docket #FIC 87-326 Page 2


6. It is found the respondent failed to respond in writing to the complainants' request within four business days in violation of 1-21i(a), G.S.


7. It also is found the respondent provided the complainants with copies of the requested records on or about December 11, 1987.


8. It further is found that although the complainants alleged the records received have been revised or rewritten, the Commission does not have jurisdiction over those issues.


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 act in strict compliance with the requirements of 1-21i(a), G.S.


Approved by order of the Freedom of Information Commission at its regular meeting of March 23, 1988.



Catherine H. Lynch

Acting Clerk of the Commission