FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Alex F. Carrozelli,

 

                                Complainant

 

                against                   Docket #FIC 94-177

 

Acting Director, Bridgeport Office of Policy and Management,

 

                                Respondent                          February 22, 1995

 

                The above-captioned matter was heard as a contested case on July 14, 1994, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  This case was consolidated for hearing with docket #FIC 94-70, Alex F. Carozzelli against Mayor, City of Bridgeport; Bridgeport City Attorney; Bridgeport Finance Department; Bridgeport Office of Policy and Management; Bridgeport Common Council; and City of Bridgeport; and docket #FIC 94-91, Alex F. Carozzelli against Director, Bridgeport Office of Labor Relations.

 

                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 filed May 27, 1994, the complainant appealed to the Commission, alleging that the respondent failed to reply to his May 16, 1994 request for certain records.

 

                3.             It is found that the complainant by letter dated May 16, 1994 requested copies of certain budget records relative to four city departments.

 

                4.             It is found that the requested records are public records within the meaning of 1-15(a) and 1-19(a), G.S.

 

                5.             It is found that the respondent provided no records in response to the complainant's May 27, 1994 request.

 

                6.             The respondent maintains that he was not required to respond to the complainant's May 16, 1994 request while the complainant's workers compensation claim remained pending and other requests were being made by the complainant's workers compensation attorney.

 

Docket #FIC 94-177                                             Page 2

 

                7.             It is found that the complainant had previously been employed by Bridgeport as a risk manager, that at all times material he had a pending workers compensation claim against the city as his former employer, and that the information he sought pertained to that claim.

 

                8.             The respondent maintains that 1-19(b)(4) and 1-19b(b)(1), G.S., permitted him under the circumstances not to provide the requested records.

 

                9.             Section 1-19(b)(4), G.S., provides that the Freedom of Information ("FOI") Act does not require disclosure of "records pertaining to strategy and negotiations with respect to pending claims or pending litigation to which the public agency is a party until such litigation or claim has been finally adjudicated or otherwise settled ...."

 

                10.           It is found, however, that the respondent failed to prove that any of the requested records concern strategy or negotiation with respect to the pending workers compensation claim.

 

                11.           Section 1-19b(b)(1), G.S., provides that nothing in the FOI Act shall be deemed to "limit the rights of litigants, including parties to administrative proceedings, under the laws of discovery of this state ...."

 

                12.           It is found, however, that the respondent failed to demonstrate the existence of any rights of discovery in the pending workers compensation proceeding.

 

                13.           It is concluded that while the pendency of requests for information from the complainant's workers compensation attorney may reasonably have affected the priority accorded to the complainant's requests, it did not excuse the respondent from any response.

 

                24.           It is therefore concluded that the respondent violated 1-19(a), G.S., by failing to provide copies of the requested records promptly upon request.

 

                The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

                1.             The respondent shall forthwith provide to the complainant copies of the records identified in his May 16, 1994 request.

 

Docket #FIC 94-177                                             Page 4

 

Approved by Order of the Freedom of Information Commission at its regular meeting of February 22, 1995.

 

                                                                             

                                                Debra L. Rembowski

                                                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:

ALEX F. CARROZELLI

16 Richards Lane

Norwalk, CT 06851

 

ACTING DIRECTOR, BRIDGEPORT OFFICE OF POLICY AND MANAGEMENT,

c/o John H. Barton, Esq.

Office of the City Attorney

202 State Street

Bridgeport, CT 06604

 

                                                                             

                                                Debra L. Rembowski

                                                Clerk of the Commission