FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

 

In the Matter of a Complaint by                                                Final Decision

 

Carl Liano,

 

                        Complainant

 

            against                                                                          Docket #FIC 1995-352

 

H. James Haselkamp, Director,

Labor Relations/ Benefits Administration,

City of Bridgeport; Monquencelo T. Miles,

Benefits Coordinator, Labor Relations/

Benefits Administration, City of Bridgeport;

Joseph Ganim, Mayor of Bridgeport; and Mark

Anastasi, Esq., Bridgeport City Attorney.

 

                        Respondents                                                     August 28, 1996

 

            The above-captioned matter was heard as a contested case on April 16, 1996, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  Docket #FIC 1995-349, Carl Liano v. Kathy Testani, Workers’ Compensation Benefits Coordinator, Labor Relations/ Benefits Administration, City of Bridgeport, was consolidated with the above-captioned matter for purpose of hearing.

 

            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 of complaint dated November 8, 1995 and filed with the Commission on November 13, 1995, the complainant appealed to the Commission alleging that the respondents violated the Freedom of Information Act by denying him access to copies of records.  The complainant requested that the Commission impose civil penalties upon the respondents.

 

3.         It is found that the complainant, by letter dated November 1, 1995, requested that the respondent Miles provide him with access to copies of records concerning the termination of his Workers’ Compensation benefits, specifically,

 

Docket #FIC 1995-352                                                                                               Page 2

 

 

the name of the person who ordered the respondent Miles to terminate such benefits and all written orders, memoranda and documents concerning the termination.

 

4.         It is found that the complainant by letter dated November 1, 1995 requested that the respondent Haselkamp assist him, in his capacity as director of the respondent Miles’ office, in getting his records request to Miles complied with.

 

5.         It is found that the complainant by letters dated November 1 and 2, 1995, informed the respondents Anastasi and Ganim, respectively, of his requests to the respondents Miles and Haselkamp, as described in paragraphs 3 and 4 above, and requested Anastasi and Ganim’s assistance, in their capacity as city attorney and mayor, respectively, in getting his requests to the respondents Haselkamp and Miles complied with.

 

6.         Having failed to receive access to the requested records, the complainant filed this appeal.

 

7.         The Commission takes administrative notice of the record and decision in contested case docket #FIC 1995-349, Carl Liano v. Kathy Testani, Workers’ Compensation Benefits Coordinator, Labor Relations/ Benefits Administration, City of Bridgeport.

 

8.         It is found that by letter dated February 14, 1996, counsel for the respondents provided the complainant with a copy of the Workers’ Compensation Commission decision in file #405567 dated October 18, 1995, a letter from Dodge to Paolino dated October 19, 1995 and a letter from Dodge to Moore dated December 20, 1995.

 

9.         It is found that at the time of the complainant’s requests, as described in paragraphs 3 and 4, above, the respondents Haselkamp and Miles maintained the Workers’ Compensation Commission decision and the October 19, 1995 letter, as described in paragraph 8, above, which records are responsive to the complainant’s records request; however, the respondents Haselkamp and Miles did not maintain the December 20, 1995 letter, as described in paragraph 8, above.

 

10.       It is found that the requests to the respondents Ganim and Anastasi, as described in paragraph 5, above, are not requests for records maintained by them, but rather are requests for their assistance in investigating the complainant’s records request directed to the respondents Miles and Haselkamp, and as described in paragraphs 3 and 4, above.

 

 

Docket #FIC 1995-352                                                                                               Page 3

 

 

11.       It is found that the records provided to the complainant, and as described in paragraph 8, above, are public records within the meaning of §§1-18a(d) and 1-19(a) G.S.

 

12.       It is found that neither the respondent Haselkamp nor the respondent Miles responded to the complainant’s records request at the time of such request, although their office maintained records which were responsive to such request.

 

13.       It is found that the access provided by counsel, and as described in paragraph 8, above, approximately three months after the complainant’s request, was not prompt within the meaning of §§1-15(a) and 1-19(a), G.S.

 

14.       It is concluded that the respondents Haselkamp and Miles violated §§1-15 and 1-19(a), G.S., by failing to promptly provide the complainant with access to a copy of the Workers’ Compensation Commission decision and the October 19, 1995 letter, as described in paragraph 8, above, which records are responsive to the complainant’s records request.

 

            15.       It is also concluded that the violation, as described in paragraph 14, above, was without reasonable grounds.

 

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

 

              1.         The respondents Haselkamp and Miles shall each, immediately upon the receipt of the notice of the final decision in this matter remit to this Commission a civil penalty in the amount of fifty dollars.

 

              2.         Henceforth, the respondents Haselkamp and Miles shall strictly comply with the requirements of §§1-15(a) and 1-19(a), G.S.

 

              3.         The complaint is dismissed with respect to the respondents Ganim and Anastasi.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of August 28, 1996.

 

 

__________________________

Elizabeth A. Leifert

Acting Clerk of the Commission

Docket # FIC 1995-352                                                                                  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:

 

Carl Liano

29 Centerview Drive

Shelton, CT 06484

 

 

H. James Haselkamp, Director, Labor Relations/ Benefits Administration, City of Bridgeport; Monquencelo T. Miles, Benefits Coordinator, Labor Relations/Benefits Administration, City of Bridgeport; Joseph Ganim, Mayor of Bridgeport; and Mark Anastasi, Esq., Bridgeport City Attorney.

c/o  John H. Barton, Esq.

       Office of City Attorney

       202 State Boulevard

       Bridgeport, CT 06604

 

 

__________________________

Elizabeth A. Leifert

Acting Clerk of the Commission