FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

The above-captioned matter was heard as a contested case on November 14, 2002, at which time the complainant and the respondent appeared, stipulated to certain facts and presented exhibits and argument on the complaint.  At the outset of the hearing, the complainant withdrew the complaint in this matter against Steve Demetri.  Accordingly the case caption has been amended to reflect such withdrawal. 

 

After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

1.  The respondent and the Greenwich department of human resources are public agencies within the meaning of §1-200(1), G.S.

 

2.  By letter dated and filed on September 20, 2002, the complainant appealed to this Commission, alleging that the respondent failed to comply with the Commission’s final decision in docket #FIC2002-093; Sean P. Turpin v. Director, Department of Human Resources, Town of Greenwich [hereinafter “Docket #FIC 2002-093”].  The complainant requested that a civil penalty be imposed against the respondent.

 

            3.  The Commission takes administrative notice of the record and final decision in Docket #FIC 2002-093, wherein the Commission ordered that “[f]orthwith, the respondent director shall permit the complainant to inspect and/or receive a copy of IC# 2002-093-1, IC# 2002-093-2 and IC# 2002-093-3.”

 

4.  It is found that the notice of the final decision in Docket #FIC2002-093 was mailed on July 31, 2002. 

 

5.  It is found that the respondent mailed copies of the records described in paragraph 3, above, to the complainant on September 30, 2002 and that the complainant received such copies on October 1, 2002.  Nevertheless, the complainant proceeded with the hearing in this matter because he was forced to wait for such copies. 

 

            6.  It is found that the IC# 2002-093-1, IC# 2002-093-2 and IC# 2002-093-3 were records contained in the personnel file of Steve Demetri, and that Mr. Demetri was a party in Docket #FIC2002-093. 

 

7.  It is found that the respondent waited until after the expiration of the appeal period in Docket #FIC2002-093 before releasing to the complainant the copies described in paragraph 3, above, because the respondent was not certain whether Mr. Demetri would appeal the final decision in such matter.  It is also found that, when the appeal period lapsed in Docket #FIC2002-093, without any action taken by Mr. Demetri, the respondent complied with the order at issue herein.  

 

8.  It is found that the respondent was slightly dilatory in complying with the Commission’s order in Docket #FIC2002-093.  Nonetheless, under the facts and circumstances of this case, the Commission declines to find a violation of its order in Docket #FIC2002-093.

 

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.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of January 8, 2003.

 

_______________________________________

Petrea A. Jones

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:

 

Sean P. Turpin

24 Prospect Street

Greenwich, CT 06830

 

Al Cava, Director, Department

of Human Resources, Town of

Greenwich

c/o Valerie E. Maze, Esq.

Assistant Town Attorney

101 Field Point Road, PO Box 2540

Greenwich, CT 06836-2540

 

 

________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2002-443/FD/paj/1/14/2003