FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Leonard J. LaLuna and AFSCME Connecticut

Council 4, AFL-CIO,

 
  Complainants  
  against   Docket #FIC 2004-361

City Manager, City of New London; and Personnel

Department, City of New London,

 
  Respondents April 27, 2005
       

  

The above-captioned matter was heard as a contested case on February 7, 2005, at which time the complainants and the respondents appeared 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 respondents are public agencies within the meaning of 1-200(1), G.S.

 

2.  It is found that by letter dated July 30, 2004, the complainants requested that the respondent city manager provide them with the “total hours worked by the contractors doing bargaining unit work, i.e., Electrical, Carpentry, etc., at Harbor School”  (hereinafter “requested records”). 

 

3.  It is found that by letter dated August 5, 2004, the respondent city manager informed the complainants that “we do not have this information”.

 

4.  Thereafter, by letter dated August 6, 2004, and filed on August 9, 2004, the complainants appealed to the Commission, alleging that the respondents violated the Freedom of Information (hereinafter “FOI”) Act by denying them a copy of the requested records.

 

5.  Section 1-210(a), G.S., provides, in relevant part:

 

Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to (1) inspect such records promptly during regular office or business hours, (2) copy such records in accordance with subsection (g) of section 1-212, or (3) receive a copy of such records in accordance with section 1-212….

 

6.  It is found that the respondents do not maintain or keep on file the requested records. 

 

7.  It is therefore, concluded that the respondents did not violate the FOI Act as alleged in the complaint.

 

8.  The complainants contend that the respondent city is required to maintain the requested records, and that the respondents should have such records.  

9.  This Commission however, has no jurisdiction to require that the respondents maintain the requested records.

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 April 27, 2005.

 

________________________________

Petrea A. Jones

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:

 

Leonard J. LaLuna and AFSCME Connecticut

Council 4, AFL-CIO

444 East Main Street

New Britain, CT 06051

 

City Manager, City of New London; and Personnel

Department, City of New London

c/o Brian K. Estep, Esq.

Conway & Londregan, PC

38 Huntington Street

PO Box 1351

New London, CT 06320-1351

 

 

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

FIC/2004-361FD/paj/4/28/2005