FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL
DECISION
David J. Ryffel,
Complainant
against Docket
#FIC 88-83
First Selectman Jacquelyn Durrell, Personnel Director Edward Patterson,
Town Attorney Roy Ervin and Assistant Town Attorney Donal Collimore of the Town
of Fairfield,
Respondents June
8, 1988
The above-captioned
matter was heard as a contested case on April 25, 1988, at which time the
complainant and the respondents 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 respondents are public agencies within
the meaning of §1-18a(a), G.S.
2. On or about February 17, 1988 the
complainant made a request of the respondents for the following:
"letters, inter-office memos, notes,
whether hand-written or typed, tape recordings or other similar records or
information which pertain to any and all phases of the negotiations between the
Town of Fairfield and/or its agents and the Fairfield Town Hall Employee's
Union as may apply to or be part of the record of negotiations/meetings for
contract between the two parties which covers the period from 7-1-87 to 6-30-88."
3. By letter filed with the Commission on March
3, 1988 the complainant appealed the failure of the respondents to provide him
the requested records.
Docket #FIC 88-83 Page 2
4. The complainant requested that the
Commission impose a civil penalty against the respondents.
5. The respondents requested that the
Commission impose a civil penalty against the complainant.
6. The respondents claim that the records being
sought by the complainant are exempt from disclosure under §1-19(b)(9), G.S.
7. Section 1-19(b)(9), G.S., exempts from
disclosure records, reports and statements of strategy and negotiations with
respect to collective bargaining.
8. It is found that the documents being sought
by the complainant embody the negotiating posture of each side when the
contract for the 1987-1988 fiscal year was being negotiated between the
respondents and the Fairfield Town Hall Employees Association, Inc.
9. It is concluded, therefore, that the
documents set forth at paragraph 2, above, constitute records or reports of
strategy with respect to collective bargaining within the meaning of
§1-19(b)(9), G.S.
10. It is found that the respondent personnel
director provided the complainant with a copy of the proposals submitted by the
union to the town for negotiation.
11. It is also found that the disclosure of the
proposals does not waive or otherwise abrogate the exemption to disclosure
created under §1-19(b)(9), G.S.
12. The Commission declines to impose a civil
penalty against the complainant or the respondents.
The following order by
the Commission is hereby recommended on the basis of the record concerning the
above-captioned matter:
1. The complaint is hereby dismissed.
Approved by order of
the Freedom of Information Commission at its special meeting of June 8, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission