FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Dicision          

 

Carl J. Liano,

 

                        Complainant

 

            against              Docket #FIC 93-144

 

Dennis Murphy, Director, Bridgeport Labor Relations/Benefits Administration,

 

                        Respondent                  September 22, 1993

 

            The above-captioned matter was heard as a contested case on July 27, 1993, at which time the complainant and the respondent appeared and presented testimony, exhibits and argument on the complaint.  This case was consolidated for hearing with contested case docket #FIC 93-150.

 

            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 May 21, 1993, the complainant alleged that the respondent violated the provisions of the Freedom of Information ("FOI") Act by failing to supply him with information concerning overtime pay earned by Bridgeport Police Sergeants.

 

            3.  It is found that by letter dated April 28, 1993, the complainant requested of the respondent average overtime figures for the rank of sergeant, which request was not complied with.

 

            4.  The complainant also requested that this Commission issue a civil penalty.

 

            5.  It is found that at the time of the complainant's request, the respondent had on file a computer print-out containing the listing of overtime received by each police officer, which record is a public record within the meaning of 1-18a(d), G.S.

 

            6.  The respondent claimed that the printout identified in paragraph 5, above, was properly withheld from the complainant for the following reasons: the list utilized codes and was not easy to understand; the respondent was unsure whether the list was valid or accurate and unsure how those records would be used in the future; the printout did not explicitly identify the overall average of the overtimes listed; and the printout would

 

Docket #FIC 93-144                           Page 2

 

be provided to the complainant at some future time if the complainant had a hearing before the workers' compensation board.

 

            7.  The respondent's contentions outlined in paragraph 6, above, fail to state exemptions to the provisions of 1-19(a), G.S.

 

            8.  The respondent also claims that the printout identified in paragraph 5, above, is exempt from disclosure pursuant to  1-19b(4) and 1-19b(b), G.S.

 

            9.  It is found that although the complainant has a pending claim at the workers' compensation commission, the respondent is not a party to that claim within the meaning of 1-19(b)(4), G.S., nor is the printout a record of strategy or negotiation within the meaning of 1-19(b)(4), G.S.

 

            10.  It is accordingly concluded that the printout is not exempt from disclosure pursuant to 1-19(b)(4), G.S.

 

            11.  It is also concluded that the respondent has utterly failed to prove that it is a litigant or that the provisions of 1-19b(b), G.S., could otherwise serve as an exemption for the printout under the facts of this case.

 

            12.  It is concluded that the respondent violated the provisions of 1-19(a), G.S., by refusing to permit the complainant access to the records identified in paragraph 5, above.

 

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

 

            1.  The respondent shall forthwith provide to the complainant, free of charge, a copy of the records identified in paragraph 5 of the findings, above.

 

            2.  The Commission declines in its discretion to impose a civil penalty.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of September 22, 1993.

 

                                                              

                                    Debra L. Rembowski        

                                    Acting Clerk of the Commission

 

Docket  #FIC  93-144                                   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:

Mr. Carl J. Liano    

19 Centerview Drive           

Shelton, CT 06484 

 

Denis Murphy, Director, Bridgeport Labor Relations/Benefits Administration

c/o John H. Barton, Esq.

Office of Bridgeport City Attorney

202 State Street

Bridgeport, CT 06604

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission