FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

FINAL DECISION
Docket #FIC 1997-065
October 8, 1997

In the Matter of a Complaint by Gary B. Kelly, Complainant
against
City Attorney, City of Bridgeport  Respondent

The above-captioned matter was heard as a contested case on July 31, 1997, 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. It is found that on January 28, 1997, the complainant requested that the respondent provide him with a copy of any records pertaining to the procedure of providing, or taking away, benefits of disability retirees or their widows. Specifically, the complainant requested any legal opinions, directives, memos, policies, procedures or any other records concerning dental, vision, prescription or life insurances ("requested records").

3. Having failed to receive the requested records the complainant, by letter dated February 18, 1997 and filed on February 21, 1997, appealed to the Commission alleging that the respondent violated the Freedom of Information Act by denying him a copy of the requested records.

4. It is found that the complainant, by letter dated March 10, 1997, sent a second request to the respondent requesting the same records described in paragraph 2 of the findings, above.

5. It is found that the respondent did not respond to complainant’s requests, described in paragraphs 2 and 4 of the findings, above.

Docket # FIC 1997-065 Page 2

6. At the hearing on this matter, counsel for the respondent represented that no records responsive to the complainant’s requests exist, and extended an invitation to the complainant to meet with him, along with the respondent and the Benefits Manager of the Office of Workers’ Compensation, City of Bridgeport, to try to resolve any questions the complainant may have regarding disability benefits.

7. It is found that at the very least the respondent should have responded to the complainant’s requests in a timely manner and inform him whether records responsive to his requests exist or not.

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

1. Forthwith, the respondent shall conduct a thorough search of his records and provide the complainant with any existing records responsive to his requests. If no records exist, the respondent shall forthwith, provide the complainant with an affidavit attesting to such fact.

2. The Commission supports counsel’s recommendation to have a meeting with the complainant, as described in paragraph 6 of the findings, above.

Approved by Order of the Freedom of Information Commission at its regular meeting of October 8, 1997.

_________________________
Doris V. Luetjen
Acting Clerk of the Commission

Docket # FIC 1997-065 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:
Gary B. Kelly
10 Lynwood Drive
Trumbull, CT 06611

City Attorney, City of Bridgeport
c/o Russell D. Liskov
Office of the City Attorney
1087 Broad Street
Bridgeport, CT 06604

__________________________
Doris V. Luetjen
Acting Clerk of the Commission
FIC1997-065/tcg/10081997