FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

David E. Nobili,

 

Complainant

 

against Docket #FIC 90-372

 

Director, Labor Relations Office and Grants Personnel Office, and Personnel Manager, Grants Personnel Office, City of Bridgeport,

 

Respondents September 25, 1991

 

The above-captioned matter was heard as a contested case on February 5, 1991, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. The original caption for this case has been amended to correctly identify the respondents in this matter.

 

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 1-18a(a), G.S.

 

2. By letter dated September 18, 1990 (hereinafter "September letter"), the complainant requested his payroll history information for all pay periods between 12/18/80 through 4/7/90, including:

 

a) gross and net pay;

 

b) pension and tax deductions;

 

c) insurance and credit union payments;

 

d) union dues; and

 

e) arbitration awards and all other payroll data.

 

3. The complainant's document request was sent to the respondent director of Bridgeport's Labor Relations and Grants Personnel Office (hereinafter "respondent director"), via certified mail.

 

Docket #FIC 90-372 Page 2

 

4. By letter of complaint dated September 26, 1990, and filed with this Commission on October 1, 1990, the complainant alleged that the respondents had failed to provide the information requested in his September letter.

 

5. By letter of response dated November 6, 1990, the respondent director informed the complainant that inquiries regarding non-payment of insurance should be directed to the insurer, Colonial Insurance Company, and information concerning pension or longevity payments and arbitration awards were being handled through the grievance and arbitration procedures of the complainant's union contract.

 

6. By letter of response to the complainant dated December 12, 1990, the respondents provided the complainant with additional information concerning his document request, including specific information about the individuals or departments that the complainant needed to contact for any additional answers or documentation.

 

7. It is found that the requested information is a public record within the meaning of 1-18a(d), G.S.

 

8. It is found, however, that payroll financial information is generally maintained at Bridgeport's finance and payroll departments.

 

9. It is found that the respondent personnel manager processes the information pertaining to payroll deductions, and then the information is submitted to the City's payroll department.

 

10. It is found that although a computer printout listing individual payroll deductions is generated by the finance department and circulated to the respondents' offices, the information is kept by the respondents for a very short time, usually no more than a week.

 

11. It is found that although the respondents made an attempt to compile the information that would permit them to respond to the complainant's document request, the respondents are not the custodians of the information that the complainant is seeking.

 

Docket #FIC90-372 Page 3

 

12. It is concluded that the respondents violated 1-19(a) G.S., by failing to promptly respond to the complainant's document request.

 

13. However, it is also concluded that under the facts of this case, the delay is attributable to the fact that the respondents attempted to either compile the information requested or direct the complainant to the appropriate custodian of the data.

 

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

 

1. Henceforth the respondents shall promptly reply to a request for public documents as required by the open records provisions of 1-15 and 1-19(a), G.S.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of September 25, 1991.

 

 

Karen J. Haggett

Clerk of the Commission

 

Docket #FIC90-372 Page 4

 

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:

David E. Nobili

17 arvey Street

Bridgeport, CT 06610

 

John H. Barton, Esq.

Barbara Brazzel-Massaro, Esq.

Bridgeport Associate City Attorney

Legal Department

202 State St.

Bridgeport, CT 06604

 

 

Karen J. Haggett

Clerk of the Commission