FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Edward A. Peruta,

 

                        Complainant

 

            against              Docket #FIC 94-351

 

O. Paul Shew, Rocky Hill Town Manager and Director of Public

Safety; Donald Unwin, Mayor of Rocky Hill, William Pacelia, Deputy

Mayor of Rocky Hill; and Curt Roggi, Rocky Hill Town Attorney,

 

                        Respondents                 May 28, 1995

 

            The above-captioned matter was heard as a contested case on May 9, 1995, 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 and conclusions of law are reached:

 

            1.  The respondents are public agencies within the meaning of 1-18a(a), G.S.

 

            2.  By letter dated September 28, 1994, the complainant requested of the respondents that he be provided access to "a written complaint [that] has been submitted and received on the conduct of deputy mayor William Pacelia by a Rocky Hill firefighter who has the last name of Grimaldi" (hereinafter "the complaint").

 

            3.  By letter of response dated September 28, 1994, the town manager denied the complainant's request, citing Mr. Grimaldi's objection to the disclosure of the complaint now contained in his personnel file.

 

            4.  The complaint is a public record within the meaning of 1-18a(d), G.S.

 

            5.  In his appeal of the respondent's denial filed with this Commission on September 29, 1994, the complainant alleged that the respondents are in violation of the provisions of the Freedom of Information ("FOI") Act and requested that civil penalties be imposed against them.

 

            6.  It is found that Mr. Grimaldi approached his supervisor, the fire chief, regarding an incident at the fire station

 

Docket #FIC 94-351                           Page 2

 

involving deputy mayor Pacelia, and, at the direction of the fire chief, Mr. Grimaldi subsequently wrote a complaint about the incident for placement in his personnel file .

 

            7.  It is also found that the fire chief forwarded the complaint to the respondent town manager, but that the complaint was not likewise sent to or otherwise in the custody of the respondents mayor or town attorney.  There is likewise no evidence that the deputy mayor had custody or control of the complaint in either an official or unofficial capacity. 

 

            8.  It is found that the Mr. Grimaldi and the respondents town manager, town attorney, and deputy mayor met to discuss the complaint, which meeting resulted in the resolution of Mr. Grimaldi's concerns.

 

            9.  At the hearing into this matter, the respondents claimed that: a) the complaint is exempt from disclosure pursuant to 1-19(b)(2), G.S., and b) the complaint is a work-related employee grievance, the disclosure of which would deter the filing of legitimate grievances.

 

            10.  It is found that a work-related complaint filed by a public employee for inclusion in his personnel file at the direction of his supervisor, another public official, is a legitimate matter of public concern within the meaning of Perkins v. FOI Commission, 228 Conn. 158 (1993).

 

            11.  It is accordingly concluded that the complaint at issue is not exempt from disclosure pursuant to 1-19(b)(2), G.S.

 

            12.  It is found that the respondents' policy argument identified in paragraph 9b), above, is unsupported by evidence and, further, fails to state an exemption to the disclosure provisions of 1-19(a), G.S.

 

            13.  It is concluded that the complaint at issue is not exempt from the disclosure provisions of 1-19(a), G.S., and that the respondent town manager's failure to provide the complainant with prompt access thereto constitutes a violation of 1-19(a), G.S.

 

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

 

            1.  The respondent town manager shall forthwith provide to the complainant prompt access to the complaint identified in paragraph 2 of the findings, above.

 

            2.  The complaint in this matter is hereby dismissed against

 

Docket #FIC 94-351                           Page 3

 

the respondents mayor, deputy mayor, and town attorney.

 

            3.  As a matter of discretion, the Commission declines to impose civil penalties under the facts of this case.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of June 28, 1995.

 

                                                                 

                                    Elizabeth A. Leifert

                                    Acting Clerk of the Commission

 

Docket #FIC 94-351                           Page 4

 

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:

Mr. Edward A. Peruta

38 Parish Road

Rocky Hill, CT 06067

 

O. Paul Shew, Rocky Hill Town Manager and Director of Public Safety; Donald Unwin, Mayor of Rocky Hill; William Pacelia, Deputy Mayor of Rocky Hill; and Curt Roggi, Rocky Hill Town Attorney

c/o Donald W. Strickland, Esq.

Siegel, O'Connor, Schiff & Zangari, P.C.

370 Asylum Street

Hartford, CT 06103

 

                                                                 

                                    Elizabeth A. Leifert

                                    Acting Clerk of the Commission