FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL DECISION
Bruce A. Collins,
Complainant
against Docket
#FIC 94-143
Gerald F. Grover, Fire Chief,
Bridgeport Fire Department,
Respondent February 22, 1995
The above-captioned matter was heard as a contested
case on November 29, 1994, at which time the complainant and the respondent
appeared and presented testimony, exhibits and argument on the complaint.
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 with this Commission on May 6, 1994, the complainant alleged
that the respondent violated the provisions of the Freedom of Information
("FOI") Act by failing to provide to him copies of certain documents.
3. At the
hearing into this matter, the following documents were still at issue:
documentation from Deputy Fire Marshall Brooks; a document on form number 2326
from Patrick Lumbard to Chief Grover; and a letter from Fire Marshall Rentz to
Chief Grover.
4. It is
found that the documentation from Deputy Fire Marshall Brooks sought by the
complainant does not exist.
5. It is
found that the respondent does not recall either a document on form number 2326
from Patrick Lumbard to him, nor a letter from Fire Marshall Rentz to him, but
that if they do exist, the respondent makes no claim of exemption from
disclosure for such records.
6. It is
concluded that to the extent that documents on form number 2326 from Patrick
Lombard to the respondent or a letter from Deputy Chief Rentz to the respondent
exist, those documents are public records within the meaning of 1-18a(d),
G.S., copies of which the complainant is entitled to receive pursuant to
1-15(a), G.S.
Docket #FIC 94-143 Page
2
7. The
complainant claims that he requests the imposition of civil penalties against
the respondent because he suffered retaliation for having filed an FOI
complaint and he has been threatened with demotion without due process and just
cause, despite his superb job performance as an arson investigator over a four
year period.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint.
1. The
respondent shall forthwith make a diligent search of the fire department
records (including its data base) for the records described in paragraph 6 of
the findings, above. A copy of such
records, if located, shall be provided to the complainant free of charge. If no such records are located, the
respondent shall provide to the complainant a notarized affidavit outlining the
procedures followed in his attempted search for such records and indicating
that these items were not located.
2. Under the
facts of this case, the Commission concludes that the imposition of civil
penalties against the respondent is inappropriate pursuant to the provisions of
1-21i(b)(2), G.S.
Approved by Order of the
Freedom of Information Commission at its regular meeting of February 22, 1995.
Debra L. Rembowski
Clerk of the
Commission
Docket #FIC 94-143 Page
3
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:
BRUCE A. COLLINS
30 Congress Street
Bridgeport, CT 06604
GERALD F. GROVER, FIRE CHIEF,
BRIDGEPORT FIRE DEPARTMENT
c/o Thomas W. Bucci, Jr.,
Esq.
49 Lyon Terrace
Bridgeport, CT 06604
Debra L. Rembowski
Clerk of the Commission