FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Robert L.
Silvestri and AFSCME Local 387
Complainants
against Docket #FIC 86-326
Connecticut
Department of Correction and Personnel Administrator, Connecticut Department of
Correction
Respondents February 25, 1987
The above-captioned matter was heard
as a contested case on December 30, 1986, at which time the complainants and
the respondents appeared, stipulated to certain facts and presented testimony,
exhibits and argument on the complaint.
After consideration of the entire
record, the following facts are found:
1.
The respondents are public agencies within the meaning of 1-18a(a),
G.S.
2.
By letter dated October 21, 1986, the complainants requested access to
inspect or copy the entire case file relating to the charge of misconduct and
subsequent suspension of the stores supervisor of the Connecticut Correctional
Center in Cheshire.
3.
By letter dated November 14, 1986, the respondent administrator stated
that the complainants had been provided with some documents and refused to
disclose other materials to the complainants.
4.
By letter of complaint dated November 20, 1986 and filed with the
Commission on November 24, 1986, the complainants alleged that the respondents
violated the Freedom of Information Act in their refusal to release the entire
case file.
5.
The complainants request the imposition of a civil penalty.
6.
At the hearing, the respondents moved to dismiss the complaint on the
ground that the complainants had not met their burden of proof.
Docket #FIC
86-326
Page 2
7.
The respondents' motion to dismiss was denied.
8.
It is found that the respondents refused to disclose to the complainants
the following records:
a.
The notes taken by a personnel officer of the respondent department in
preparation for a Step 3 grievance hearing against the stores supervisor, as
well as his notes taken during and after the Step 3 hearing.
b.
The respondent administrator's notes given to a personnel officer of the
respondent department in preparation for the Step 3 grievance hearing.
c.
The respondent department's assistant deputy commissioner's notes
setting forth the disciplinary action to be taken against the stores
supervisor.
d.
The respondent administrator's notes given to the respondent
department's assistant deputy commissioner recommending proposed disciplinary
action against the stores supervisor.
e.
The notes of the respondents' attorney taken in preparation for the
hearing before the Commission.
9.
Subsequent to the hearing in this matter, the respondents released
copies of the records described in paragraphs 8c and 8d, above, to the
complainants and therefore these records are no longer at issue.
10.
The respondents claim that:
a.
The records described in paragraphs 8a and 8b, above, are exempt from
disclosure under 1-19(b)(4), G.S., since they plan to use them in
developing strategy for a pending arbitration proceeding.
b.
The records described in paragraph 8e, above, are exempt from disclosure
under 1-19(b)(10), G.S., since they contain communications privileged by
the attorney-client relationship.
11.
It is concluded that the records described in paragraphs 8a and 8b,
above, are exempt from disclosure under 1-19(b)(4), G.S. until the
grievance against the stores supervisor is finally adjudicated or otherwise
settled.
Docket #FIC
86-326
Page 3
12.
It further is concluded that the records described in paragraph 8e,
above, are exempt from disclosure pursuant to 1-19(b)(10), G.S.
13.
The Commission declines to impose a civil penalty.
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 February 25, 1987.
ÿ
Karen J.
Haggett
Clerk of the Commission