FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of a
Complaint by FINAL
DECISION
Thomas J. Bartunek,
Complainant
against Docket #FIC 94-180
Personnel Director,
State of Connecticut, Department of Transportation,
Respondent September 14, 1994
The above-captioned matter was heard
as a contested case on August 8, 1994, at which time the complainant and the
respondent appeared, stipulated to certain facts and presented testimony,
exhibits and argument on the complaint.
This case was consolidated for hearing with Docket #FIC 94-87, Thomas J.
Bartunek against Personnel Director, State of Connecticut, Department of
Transportation.
After consideration of the entire
record, the following facts are found and conclusions of law are reached:
1.
The respondent is a public agency within the meaning of 1-18a(a),
G.S.
2. By
letter of complaint filed May 18, 1994, the complainant appealed to the
Commission, alleging that his May 3, 1994 request for certain records had been
denied.
3. It
is found that the complainant was a candidate, but was not selected, for a
certain promotional opportunity.
4. It
is found that the complainant's collective bargaining unit filed a grievance on
his behalf over his failure to be promoted.
5. The
complainant maintains that an illegal labor practice was uncovered in the
course of his grievance hearing.
6. It
is found that the complainant by letter dated May 3, 1994 requested a copy of
the inquiry into the alleged illegal labor practice.
7. It
is found that the inquiry was informal, and that there is no record of it.
Docket #FIC 94-180 Page 2
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint:
1. The
complaint is dismissed.
Approved by Order of
the Freedom of Information Commission at its regular meeting of September 14,
1994.
Debra L.
Rembowski
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:
THOMAS J. BARTUNEK
3 Ponds Farm
East Haddam, CT 06423
PERSONNEL DIRECTOR,
STATE OF CONNECTICUT, DEPARTMENT OF
TRANSPORTATION
c/o Frederick J.
Sanders
P.O. Box 317546
Newington, CT
06131-7546
Debra L.
Rembowski
Clerk of the
Commission