FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

Joseph A. Travaglino and East HavenDemocratic Town Committee,

 

Complainants

 

against Docket #FIC 91-149

 

East Haven Civil Service Commission,

 

Respondent October 23, 1991

 

The above-captioned matter was heard as a contested case on August 26, 1991, 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 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 filed with this Commission on June 7, 1991, the complainants alleged that their May 24, 1991 request for minutes of the respondent's May 6, 1991 meeting was denied, and that minutes were unavailable from the respondent's May 13, 1991 meeting.

 

3. It is found that the complainants orally requested minutes from May 13 from the respondent at a meeting of the respondent that took place in late May; however, it is found that the respondent did not conduct a meeting on May 13, 1991.

 

4. Accordingly, that portion of the complaint alleging a Freedom of Information ("FOI") violation concerning minutes for a May 13 meeting is hereby dismissed.

 

5. It is found that by letter dated May 24, 1991, and mailed to the respondent, the complainants requested minutes of the respondent's May 6, 1991 meeting, which minutes were finally supplied to the complainants on August 16, 1991.

 

6. At the hearing, the complainants claimed that the respondents violated the provisions of 1-19(a), G.S., by failing to comply with their request promptly.

 

7. At the hearing, the respondent claimed that the complainants failed to mail their request by certified mail

 

Docket #FIC 91-149 Page 2

 

and that the acting chief examiner for the respondent, who was responsible for opening the respondent's mail after May 7, 1991, never saw such a request from the complainants.

 

8. The Commission notes that the complainant is not required to mail requests for minutes via certified mail, and that items mailed via "first class" are presumed received.

 

9. It is found that the respondent was unaware of whether Mrs. DeSorbo, the chairperson of the respondent and named addressee of the complainants' May 24 request, herself received that letter of request.

 

10. It is concluded that the respondent violated the provisions of 1-19(a), G.S., by failing to respond to the complainants request promptly.

 

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 promptly comply with requests under the FOI Act.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of October 23, 1991.

 

 

Karen J. Haggett

Clerk of the Commission

 

Docket #FIC 91-149 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 A. Travaglino and East Haven Democratic Town Committee

P.O. Box 120045

East Haven, CT 06512-0045

 

East Haven Civil Service Commission

c/o Lawrence C. Sgrignari, Esq.

Gesmonde, Pietrosimone, Sgrignari, Pinkus & Sachs

3127-3129 Whitney Avenue

Hamden, CT 06512

 

 

Karen J. Haggett

Clerk of the Commission