FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
Husein Osman,
Complainants
against Docket #FIC 1999-162
Office of the Corporation Counsel,
City of Hartford
Respondents August 11, 1999

        The above-captioned matter was heard as a contested case on May 18, 1999 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 1-200(1), G.S., (formerly 1-18a(1), G.S.).

        2. It is found that by letters dated December 3, 1998, January 7, 19, and March 9, 1999, the complainant requested that the respondent provide him with the total cost to date of federal district court case Husein Osman v. City of Hartford et al, CV00521 including, the names of the billing organizations and dates of payments (hereinafter "requested records").

        3. Having failed to receive the requested records, the complainant, by letter dated March 31, 1999 and filed with the Commission on April 5, 1999, appealed to the Commission alleging that the respondent violated the Freedom of Information Act by denying him access to the requested records.

        4. It is found that the respondent maintains records responsive to the complainant’s request and such records are public records within the meaning of 1-210(a), G.S., (formerly 1-19(a), G.S.).

        5. It is also found that the respondent never responded to the complainant’s request, and at a minimum the complainant was entitled to a response.

        6. The complainant indicated at the hearing that he is interested in the total amount spent by the city of Hartford on the federal case in question. The respondent contends that disclosure of the requested records, while there is litigation pending, would "limit the rights of litigants, including parties to administrative proceedings, under the laws of discovery of this state" within the meaning of 1-213(b)(1), G.S., (formerly 1-19b(b)(1), G.S.), and therefore, should not be disclosed.

        7. It is found that disclosure of the amount spent by the city on the federal case in question would not "limit the rights of litigants, including parties to administrative proceedings, under the laws of discovery of this state" within the meaning of 1-213(b)(1), G.S., (formerly 1-19b(b)(1), G.S.).

        8. Consequently, it is concluded that the respondent violated 1-210(a), G.S., (formerly 1-19(a), G.S.) when he failed to provide the complainant with access to the requested records.

        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 provide the complainant with a copy of the requested records, free of charge.

 

 

        Approved by Order of the Freedom of Information Commission at its regular meeting of

August 11, 1999.

 

 

_________________________

Melanie R. Balfour

Acting Clerk of the Commission

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:

 

Husein Osman
3 Puritan Drive
Bloomfield, CT 06002
 

Office of Corporation Counsel,
City of Hartford
c/o Ivan A. Ramos
Assistant Corporation Counsel
550 Main Street
Hartford, CT 06103
 

 

 

 

__________________________

Melanie R. Balfour

Acting Clerk of the Commission

 

 

FIC1999-162FD/mes/08111999