FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Mark Wawer,

 

                                Complainant

 

                against                   Docket #FIC 95-39

 

Mayor of Waterbury,

 

                                Respondent                          October 25, 1995

 

                The above-captioned matter was heard as a contested case on September 12, 1995, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  This matter was consolidated for hearing with Mark Wawer v. Mayor of Waterbury, docket #FIC 95-27.

 

                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.  It is found that by letter dated January 13, 1995, the complainant requested hourly billing reports reflecting legal costs and expenses paid by the City of Waterbury to the law firm of Patton, Boggs & Blow indicating the time spent on each task and the amount paid for each task from the respondent.

 

                3.  Having received no response to his January 13, 1995 letter, the complainant appealed to the Commission by letter dated February 3, 1995, and filed with the Commission on February 6, 1995.

 

                4.  It is found that the requested documents are public records within the meaning of 1-18a(d), G.S.

 

                5.  The respondent claims that such records are exempt from disclosure under 1-19(b)(4) and 1-19(b)(10), G.S.

 

                6.  Section 1-19(b)(4), G.S., permits an agency to withhold

 

Docket #FIC 95-39                                               Page Two

 

from disclosure "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."

 

                7.  It is found that at all times material to this complaint, there were no pending claim or litigation involving the respondent, the City of Waterbury and Golden Hill Paugussett Indian Tribe, within the meaning of 1-19(b)(4) and 1-18a(g) and (h), G.S.

 

                8.  It is further found that the documents that are the subject of the complainants request are not records pertaining to strategy and negotiations with respect to pending claims or pending litigation.

 

                9.  Section 1-19(b)(10), G.S., permits an agency to withhold from disclosure public records constituting "communications privileged by the attorney-client relationship."

 

                10.  It is found that the requested records consist of invoices that set forth the time spent, work done, the identity of the individual performing the work, and the amounts billed.

 

                11.  It is found that the records, and the information contained therein, identified in paragraph 10, above, do not constitute records of communications privileged by the attorney-client relationship, within the meaning of 1-19(b)(10), G.S.

 

                12.  It is therefore concluded that the respondent violated 1-19(a) and 1-15(a), G.S., by not providing the complainant with the requested records.

 

                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 the complainant with a copy of those records, identified in paragraph 10 of the findings, above, responsive to his request as set forth in paragraph 2 of the findings, above.

 

Docket #FIC 95-39                                               Page Three

 

                2.  The respondent shall henceforth strictly comply with the requirements of 1-15(a) and 1-19(a), G.S., in accordance with this decision.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of October 25, 1995.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 95-39                                               Page Four

 

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:

Mark Wawer, Esq.

59 Central Avenue

Waterbury, CT 06702

 

Mayor of Waterbury

c/o Athan S. Mihalakos, Esq.

Assistant to Corporation Counsel

236 Grand Street

Waterbury, CT 06702

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission