FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

Helene B. DeFoe,

 

Complainant

 

against Docket #FIC 89-315

 

Town of Bloomfield,

 

Respondent October 25, 1989

 

The above-captioned matter was heard as a contested case on September 11, 1989 and October 2, 1989, at which times the complainant 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 and conclusions of law are reached:

 

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

 

2. By letter of request dated July 21, 1989, the complainant

requested copies of thirteen documents from the personnel department of the respondent town. The documents requested

pertain to the selection process used to fill the position of branch librarian for the respondent town.

 

3. Having received no response to her request, the complainant appealed to this Commision by letter of complaint dated August 1, 1989, and filed with the Commission on August 2, 1989.

 

4. Subsequent to the filing of the complaint in this matter, the respondent provided the complainant with a copy of all the records requested and an affidavit that the requested copy of the respondent town's policy which was provided to the complainant on or about August 17, 1989 is in fact the only statement of respondent town's policy on upward mobility.

 

5. The complainant contends that she did not receive prompt compliance with her request as required by 1-19(a) and 1-15, G.S., and requests the imposition of a civil penalty as provided in 1-21i(b), G.S.

 

Docket #FIC89-315 Page 2

 

6. It is found that the requested records are public records within the meaning of 1-18a(d), G.S.

 

7. It is also found that the delay in providing the complainant with a copy of the requested records was occasioned by a combination of factors, including time spent in researching the law, in seeking the consent of the subject of a personnel record and in the dilatoriness of the respondent's counsel. Respondent's counsel has taken responsibility for the delay and has graciously apologized.

 

8. It is therefore concluded that the respondent violated 1-19(a) and 1-15, G.S., by failing to provide the complainant with a copy of the requested records promptly upon the complainant's request.

 

8. In light of the circumstances, the Commission, as a matter of discretion, declines to impose a civil penalty.

 

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 comply strictly with the time provisions for complying with requests for public records as set forth in 1-19(a) and 1-15, G.S.

 

Approved by order of the Freedom of Information Commission at its regular meeting of October 25, 1989.

 

 

Tina C. Frappier

Acting Clerk of the Commission

 

Docket #FIC89-315 Page 3

 

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:

HELENE B. DEFOE

55 Kingswood Road

West Hartford, CT 06119

 

HELENE B. DEFOE

c/o Homer Foster

EEO/AAF Consulting Services

307 Park Avenue

Bloomfield, CT 06002

 

TOWN OF BLOOMFIELD

c/o Bessye W. Bennett, Esquire

2 Barnard Lane

Bloomfield, CT 06002

 

 

Tina C. Frappier

Acting Clerk of the Commission