FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

Robert D. Harrison and CSEA Chapter 105,

 

Complainants

 

against Docket #FIC 89-59

 

Assistant Manager, Town of Manchester,

 

Respondent September 13, 1989

 

The above-captioned matter was scheduled for hearing on June 26, 1989 and on July 18, 1989, at which time the complainants and the respondent appeared and presented evidence 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 1-18a(a), G.S.

 

2. On February 10, 1989 the complainants mailed a complaint to the Commission alleging that the respondent denied their request for records on January 13, 1989.

 

3. It is found that the complainants requested the following seven items:

 

(a) the final payroll of Richard Vincent;

(b) the record of the final payment of Richard Vincent for any

and all final payments;

(c) the record of all sick time accumulated and used;

(d) the record of all vacation time accumulated and used;

(e) any correspondence between Richard Vincent and the Town of

Manchester relative to Vincent's termination;

(f) any correspondence between anyone and the Town of

Manchester relative to Vincent's termination; and

(g) records of final payment breakdown (salary, vacation, sick

time) and the amount paid in each category as final payment.

4. It is found that the respondent provided the complainant with a copy of Richard Vincent's severance agreement.

 

5. It is found that on January 13, 1989, the respondent denied the complainants' request on the ground the law required

 

Docket #FIC 89-59 page 2

 

only that he provide them with a copy of the severance agreement.

 

5. It is found that items (a) and (b) were provided June 26, 1989.

 

6. At hearing the respondent agreed to provide items (c) and (d) in the form of computer runs showing total accumulated and used sick and vacation time, in whatever form it is maintained.

 

7. It is found that the correspondence requested at items (e) and (f) does not exist.

 

8. It is found that item (g) does not exist.

 

9. It is found that the respondent did not provide the requested records promptly as required by 1-19(a), G.S.

 

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

 

1. The respondent shall henceforth provide records promptly within the meaning of 1-19(a), G.S.

 

2. The respondent shall provide with items (c) and (d) in the form of computer runs showing the total accumulated and used sick and vacation time, in whatever form it is maintained.

 

PURSUANT TO 4-180(c) C.G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE F.O.I.C., OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

ROBERT D. HARRISON AND CSEA CHAPTER 105

41 Center Street

Manchester, CT 06040

 

ASSISTANT MANAGER, TOWN OF MANCHESTER

c/o David C. Wichman, Esquire

Corporation Counsel's Office

41 Center Street

Manchester, CT 06040

 

ASSISTANT MANAGER, TOWN OF MANCHESTER

c/o Steven R. Werbner, Esquire

41 Center Street

Manchester, CT 06040

 

Approved by order of the Freedom of Information Commission at its regular meeting of September 13, 1989.

 

 

Tina C. Frappier

Acting Clerk of the Commission