FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Michael Selvaggi
and Monument Setting Company, Inc.,
Complainants
against Docket #FIC 89-358
Stratford Town
Manager,
Respondent February 14, 1990
The above-captioned matter was heard
as a contested case on November 20, 1989, 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 and conclusions of law are reached:
1.
The respondent is a public agency within the meaning of 1-18a(a),
G.S.
2.
By letter dated September 12, 1989, the complainants requested copies of
the following: a. the restoration consultant contract for the Academy Hill
monument contract; b. written verification or contract that Christine Roussell,
Inc. is the subcontractor for the Academy Hill monument project; c. letters,
contracts or agreements concerning the Academy Hill monument project and a Mr.
James Michel; d. minutes of the February 16, 1989 meeting concerning
restoration of the monument; e. any documents verifying the duties and amount
and terms of payment with Christine Roussell, Inc. for their apparent capacity
of subcontractor to Fletcher Thompson, Inc. in Fletcher Thompson's Feasibility
Study report of 1986; f. copies of any change orders for completion date
extensions of the projects with cost adjustments and stated reasons for the
delay; and g. time cards/records of all employees who worked on the monument
under the contract with the town for restoration of the monument.
3.
By letter dated September 20, 1989, the respondent denied this request.
4.
By letter filed with this Commission on October 16, 1989, the
complainant appealed this denial.
5.
It is found that the documents requested by the
Docket #FIC
89-358 Page 2
complainants
described in paragraph 2, items a., b., c., e., f., and g., above, do not
constitute existing town documents.
6.
It is found that on February 16, 1989, the respondent voluntarily
conducted a staff meeting that included the contractor, architect and town
engineer as well as the complainants and the wife of a complainant to address
unclear issues surrounding the monument project.
7.
It is found that the respondent did not take minutes of the February 16,
1989 gathering.
8.
It is also found that the town engineer took some personal notes at the
February 16, 1989 gathering, which notes do not constitute minutes of the
respondent.
9.
It is concluded that the documents requested by the complainant
described in paragraph 2, item d., above, do not exist.
10.
It is found that on numerous occasions the respondent has provided the
complainant with access to its records and files in an attempt to fully comply
with the letter and spirit of the FOI Act and has attempted to overcome some
difficulty encountered in interpreting several characterizations contained in
the complainants requests.
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
February 14, 1990.
Tina C.
Frappier
Acting Clerk
of the Commission
Docket #FIC
89-358 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:
MICHAEL SELVAGGI
Monument Setting
Company, Inc.
348 Surf Avenue
Stratford, CT
06497
STRATFORD TOWN
MANAGER
c/o Steven G.
Berg, Esquire
Gregory &
Adams
190 Old
Ridgefield Road
P.O. Box 190
Wilton, CT 06897
Tina C.
Frappier
Acting Clerk of the Commission