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FREEDOM OF INFORMATION
COMMISSION |
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In
the Matter of a Complaint by |
FINAL
DECISION |
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Jonathan Kellogg and Waterbury |
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Complainants |
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against
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Docket
#FIC1999-456 |
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Philip A.
Giordano, Mayor, City of |
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Respondents |
February
9, 2000 |
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The above-captioned matter was first heard as a contested case on November 18, 1999, at which time the complainants and certain respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. The case was continued to January 20, 2000, at which time all complainants and respondents appeared and reached an agreement in resolution of this contested case as follows:
Stipulation
All parties hereby agree to fully and completely resolve this matter in accordance with the following terms:
1. All parties acknowledge that a written Freedom of Information request seeking the production of certain City of Waterbury Department of Education documents was submitted to the Corporation Counsel’s Office and forwarded to the Department of Education pursuant to established guidelines. The Department of Education did not comply with the request in a timely fashion in accordance C.G.S. §1-206 though all requested documents have since been produced.
2. All complaints, appeals, claims and/or petitions of any kind or manner now pending before or filed with the Freedom of Information Commission in which the City of Waterbury, any of its departments or employees are respondents[,] shall be withdrawn with prejudice by the complainants including: FIC1999-456, 1999-461 and 1999-462.
3. From this date forward all Freedom of Information Act requests directed to the City from the complainants or the Waterbury Republican-American [and] its employees/agents, shall be directed to the designated City of Waterbury department, agency or division head/representative. The city shall provide within 7 days of 1/20/00…to the complainant’s counsel and to Jonathan Kellogg [a list] of the City of Waterbury department, agency or division heads or representative[s].
4. All designated City department, agency or division heads or representatives shall attend Freedom of Information Commission provided training within 30 days or as soon as practicable. The City shall notify the Republican-American’s executive editor of the scheduled date for the training session prior to the date of the session.
5. The City of Waterbury shall supplement its list of department, agency, or division heads/representatives upon a designee retiring, separation of employment, incapacity, or at other times as the city deems advisable. Changes to the list shall be provided to the executive editor of the complainants within a reasonable time. The City will be responsible for providing Freedom of Information training to the new designee.”
The parties further agreed at the continued hearing in this matter that, should the Freedom of Information Commission decline to adopt this hearing officer’s report, the foregoing five stipulations shall be deemed null and void.
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.
2. The Commission commends
all parties for reaching a non-litigated settlement of this matter.
Approved by Order of the Freedom of Information Commission at its regular meeting of
February 9, 2000.
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Ann B. Gimmartino
Acting 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:
Jonathan Kellogg and Waterbury
Republican-American
c/o Thomas Parisot, Esq.
Secor, Cassidy & McPartland, PC
41 Church Street
P.O. Box 2828
Waterbury, CT 06723-2818
Philip A. Giordano, Mayor, City of
Waterbury; and Elena Ricci, Corporation
Counsel, City of Waterbury
c/o William Ryan, Esq.
Summa & Ryan, P.C.
19-21 Holmes Avenue
Waterbury, CT 06722
Roger A. Damerow, Superintendent
of Schools, Waterbury Public Schools
c/o Dana A. D’Angelo, Esq.
Smith & Smith, LLC
P.O. Box 1263
459 Middlebury Road
Middlebury, CT 06762
Michael A. Andolina, President,
Board of Education, Waterbury
Public Schools; John Alseph;
Paul D’Angelo; Deborah Schatzle-Baker;
Rodney Parker; David Burgos; Larry
Pisapio; Mary White; Robert Urso; James
Murray, Members, Board of Education,
City of Waterbury
c/o Steven Panos, Esq.
Law Offices of Thomas E. Porzio
625 Wolcott St. Suite 21
Waterbury, CT 06705
James Weir, Assistant Corporation
Counsel, City of Waterbury
c/o Steven Dembo, Esq.
Office of Corporation Counsel
236 Grand Street
Waterbury, CT 06702.
__________________________
Ann B. Gimmartino
Acting Clerk of the Commission
FIC1999-456/FD/mes/02142000