FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

Joseph P. Ganim,

 

Complainant

 

against Docket #FIC 90-440

 

Bridgeport Water Pollution Control Authority,

 

Respondent September 25, 1991

 

The above-captioned matter was scheduled with Docket #FIC 90-412 Joseph P. Ganim against Bridgeport Water Pollution Control Authority because of the similarity of the subject matter. It was heard as a contested case on February 11, 1991, at which time 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 complaint filed November 14, 1990, the complainant alleged that the respondent failed to provide him with copies of certain records requested by him November 2, 1990, and not provided to him by the respondent.

 

3. It is found that the copies of records requested by the complainant include bills for car phones, bills for expense accounts, correspondence, contracts for services, lists of employees, notes, letters or memoranda concerning the departure of the former general manager, the contents of the personnel file of the former general manager, and notes, letters, and memoranda concerning funds that were unaccounted for.

 

4. It is found that all of the records sought by the complainant relate to a lawsuit that was commenced on October 31, 1990 against the respondent by the complainant who represents numerous customers of the respondent.

 

5. The respondent claims that the requested records are exempt from disclosure under 1-19b(b), G.S., because an order of this Commission requiring disclosure of the records to the complainant would affect the rights of litigants under the laws

 

Docket #FIC 90-440 Page two

 

of discovery of this state.

 

9. It is found that records are exempt from disclosure pursuant to 1-19b(b),G.S., which provides in relevant part that:

 

[n]othing in sections 1-15, 1-18a, 1-19 to 1-19b, inclusive and 1-21 to 1-21k, inclusive, shall be deemed in any manner to (1) . . .affect the rights of litigants, including parties to administrative proceedings, under the laws of discovery of this state . . . .

 

10. It is concluded, therefore, as a matter of comity and based upon the requirements of 1-19b(b), G.S., that the Commission should not order disclosure in this case.

 

11. It is unnecessary, based upon the foregoing conclusion to reach the additional issues addressed by the respondent.

 

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

 

1. The complaint is hereby dismissed.

 

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 #FIC 90-440 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:

 

Joseph P. Ganim, Esq.

Ganim, Ganim, Ganim & Ganim

4666 Main St.

Bridgeport, CT 06606

 

John H. Barton, Esq.

Barbara Brazzel-Massaro, Esq.

Bridgeport Associate City Attorney

Legal Department

202 State Street

Bridgeport, CT 06604

 

 

Karen J. Haggett

Clerk of the Commission