FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL
DECISION
Robert L. Silvestri and AFSCME Local No. 387,
Complainants
against Docket
#FIC 87-326
Director of Personnel and Labor Relations, State of Connecticut
Department of Administrative Services,
Respondent March
29, 1988
The above-captioned
matter was heard as a contested case on December 17, 1987, 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:
1. The respondent is a public agency within the
meaning of §1-18a(a), G.S.
2. By letter dated October 13, 1987, the
complainants requested copies of several grievance files.
3. By letter dated November 3, 1987, an
employee of the respondent stated he would provide the complainants with copies
of the requested records and asked the complainants to schedule an appointment
to review the records before he made copies for them.
4. By letter dated November 4, 1987 and filed
with the Commission on November 6, 1987, the complainants alleged the
respondent violated the Freedom of Information Act in her failure to release the
requested records.
5. By letter dated November 13, 1987, the
complainants stated they would not need to review the grievance files prior to
having copies made for them. The
complainants asked the respondent to identify any of the requested records that
would be withheld from them.
Docket #FIC 87-326 Page 2
6. It is found the respondent failed to respond
in writing to the complainants' request within four business days in violation
of §1-21i(a), G.S.
7. It also is found the respondent provided the
complainants with copies of the requested records on or about December 11,
1987.
8. It further is found that although the
complainants alleged the records received have been revised or rewritten, the
Commission does not have jurisdiction over those issues.
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 act in
strict compliance with the requirements of §1-21i(a), G.S.
Approved by order of
the Freedom of Information Commission at its regular meeting of March 23, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission