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