FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Ronald Cordilico,

 

                        Complainant

 

            against              Docket #FIC 89-313

 

Town of West Hartford,

 

                        Respondent                  July 25, 1990

 

            The above-captioned matter was heard as a contested case on February 1, 1990, 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 1-18a(a), G.S.

 

            2.  By letter of complaint dated July 27, 1989 and filed with the Commission on July 28, 1989, the complainant appealed to the Commission, alleging that his request for copies of certain air quality tests done at King Philip Middle School had been denied.

 

            3.  It is found that the complainant by letter to the respondent's corporation counsel dated July 7, 1989 requested on behalf of his client copies of any and all air quality tests done at King Philip Middle School.

 

            4.  At the hearing on this matter, the parties stipulated that the only record at issue was the air quality test report performed by Lipsey & Associates, Inc. in March of 1989 at King Philip Middle School (the "Lipsey Report").

 

            5.  By letter dated August 17, 1989 the respondent's corporation counsel denied the complainant's request.

 

            6.  It is found that the Lipsey Report was prepared for the respondent as part of its strategy in defending against a workers' compensation claim filed by the complainant's client against the respondent (the "workers' compensation claim").

 

            7.  It is concluded that the Lipsey Report is a public record within the meaning of 1-18a(d), G.S.

 

Docket #FIC 89-313                           Page 2

 

            8.  It is found that the workers' compensation claim was not finally adjudicated or otherwise settled at the time of the request described in paragraph 3, above, or at the time of the hearing on this matter.

 

            9.  It is concluded that the Lipsey Report is exempt from disclosure pursuant to 1-19(b)(4), G.S.

 

            10.  It is therefore concluded that the respondent did not violate 1-15 or 1-19(a), G.S., by denying the complainant's request for the Lipsey Report.

 

            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 July 25, 1990.

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 89-313                           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:

RONALD CORDILICO

31 School Street

East Hartford, CT 06108

 

TOWN OF WEST HARTFORD

c/o Marjorie S. Wilder, Esq.

Corporation Counsel

Town of West Hartford

50 South Main Street

West Hartford, CT 06107

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission