FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on September 9, 2008, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  The case was consolidated for hearing with Docket #FIC 2008-400, Lamberto Lucarelli v. Public Works Department, Town of Old Saybrook.  The complainant objected to the consolidation of the two cases, which objection was overruled.  Before the hearing, the complainant requested that the Commission issue certain subpoenas and compel certain testimony, which request was denied without prejudice.  The complainant also requested that the hearing officer disclose “all relationships of acquaintance, prior professional contact, or any other form of association that constitute possible bias or conflict of interest.”  At the hearing, the hearing officer disclosed to the respondents his prior professional contacts with the complainant, who had been a party to a previous Commission proceeding and an adverse party in an appeal of a Commission decision.  The complainant was aware of all such contacts, and did not request that the hearing officer disqualify himself.

 

After the hearing, the complainant, by letter dated September 15, 2008, reiterated his request for the issuance of subpoenas by the Commission, on the grounds that the testimony adduced at the hearing on September 9, 2008 was insufficient.  That request is denied.  The complainant also, by an additional letter dated September 15, 2008, requested that the hearing officer disqualify himself because of his prior disclosed professional contact with the complainant, and also because of the hearing officer’s conduct of the hearing in this matter, which the complainant asserts demonstrated bias and bigotry.  That assertion and request are also denied.

 

 

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 §1-200(1)(A), G.S.

 

2.  By letter of complaint filed June 11, 2008, the complainant appealed to this Commission, alleging that the respondents violated the Freedom of Information (“FOI”) Act by denying his May 8 and May 23, 2008 requests for public records.

 

3.  It is found that, by letter dated May 8, 2008 the complainant made a written request to the respondents for copies of any records in which he was named or in which he was a party in any way.  Specifically, the complainant was interested in any police records that might exist about him and which he was not fully aware of.

 

4.  It is found that the complainant’s request for records arises out of the complainant’s discovery, at the Old Saybrook Transfer Station, of a toilet seat with the words “SAVE FOR LAMBERTO” and “ALL YOURS BERT” written on the seat.  The complainant is dissatisfied with the town’s investigation of this incident.

 

5.  It is found that the respondents conducted a diligent search for the requested records, and provided copies of them on May 15, 2008.

 

6.  It is found that the complainant believes that additional records were overlooked or withheld, and repeated his request by letter dated May 23, 2008, specifying that he was asking for anything contained within the “personal” files of the respondent’s employees, and any information or allegations about him contained within incident reports.

 

7.  It is found that no responsive records exist beyond those already provided to the complainant.

 

            8.  It is concluded that the respondents did not violate the FOI Act as alleged.

 

 

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

 

1.      The complaint is dismissed.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of May 27, 2009.

 

____________________________

S. Wilson

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:

 

Lamberto Lucarelli

21 Howard Street

Old Saybrook, CT 06475

 

Chief, Police Department,

Town of Old Saybrook; and

Police Department,

Town of Old Saybrook

C/o Michael E. Cronin, Jr., Esq.

201 Main Street

Old Saybrook, CT 06475

 

 

____________________________

S. Wilson

Acting Clerk of the Commission

 

 

FIC/2008-275FD/sw/5/29/2009