FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by              FINAL DECISION

 

Donald Sugalski,

 

                        Complainant

 

            against              Docket #FIC 94-185

 

Administrative Assistant to Mayor of East Hartford, Mayor

of East Hartford and East Hartford Acting Building Official,

 

                        Respondents                 March 8, 1995

 

            The above-captioned matter was heard as a contested case on December 29, 1994, at which time the complainant appeared and presented testimony, exhibits and argument on the complaint.  The respondents did not appear at the hearing.

 

            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 1-18a(a), G.S.

 

            2.  By letter of complaint dated June 2, 1994 and filed with the Commission on June 6, 1994, the complainant appealed to the Commission alleging that the respondents denied him access to a copy of the following records:

 

                        a.  Jack Ghagan's state certification as a town building official and/ or assistant town building official;

 

                        b.  all letters written by the respondent Acting Building Official, any member of his department or the town of East Hartford to the State of Connecticut regarding Ghagan's licensure status, and the issue of an electrical inspector performing the inspections of a town building official and/ or assistant town building official, following the complainant's March 1994 inquiry to the respondent Mayor; and

 

                        c.  all responses from the State of Connecticut concerning the records described in paragraph 2b., above.

 

Docket #FIC 94-185                              Page 2

 

            3.  With respect to the record described in paragraph 2a., above, it is found that the complainant, through several communications commencing on or about March 7, 1994, requested from the respondent Mayor a copy of Ghagan's state certification.

 

            4.  It is found that the respondent Mayor provided the complainant with the electrical certification records on file.

 

            5.  It is found that on March 17, 1994 the complainant renewed his request this time specifying that he was requesting Ghagan's state certification as a town building official and/ or assistant town building official.

 

            6.  It is found that on April 4, 1994, the respondent Mayor provided the complainant with a copy of Ghagan's job description and informed the complainant that he had no knowledge that Ghagan, an electrical inspector, was performing the duties of an assistant building official.

 

            7.  Between late May, 1994 and June 2, 1994, and through a series of communications between the complainant and the respondent Administrative Assistant to the Mayor, the complainant made several requests of the respondents for access to a copy of the records described in paragraphs 2b. and 2c., above.

 

            8.  On June 2, 1994 having failed to receive the records described in paragraphs 2a., 2b. and 2c., above, the complainant filed this appeal.

 

            9.  It is found that the records described at paragraphs 2a., 2b., and 2c. are public records within the meaning of 1-18a(d) and 1-19(a), G.S.

 

            10.  It is found that the respondents failed to provide the complainant with the records described at paragraphs 2a., 2b., and 2c., above.

 

            11.  It is therefore concluded that the respondents violated the complainant's rights by denying him access to a copy of the requested records as described in paragraphs 2a, 2b. and 2c., above.

 

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

 

            1.  The respondents shall immediately provide the complainant with a copy of the records described in paragraphs 2a., 2b. and 2c. of the findings, above.

 

            2.  If any of the records ordered disclosed in paragraph 1 of the order do not exist, the respondents shall immediately

 

Docket #FIC 94-185                              Page 3

 

provide the complainant with a notarized affidavit attesting thereto.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of March 8, 1995.

 

                                                                 

                                    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:

DONALD SUGALSKI

1736 Main Street

East Hartford, CT 06108

 

ADMINISTRATIVE ASSISTANT TO MAYOR OF EAST HARTFORD, MAYOR OF EAST HARTFORD AND EAST HARTFORD ACTING BUILDING OFFICIAL

c/o Janis M. Small, Esq.

East Hartford Corporation Counsel

740 Main Street

East Hartford, CT 06108

 

                                                                 

                                    Debra L. Rembowski

                                    Clerk of the Commission