FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Alex F. Carrozelli,

 

                                Complainant

 

                against                   Docket #FIC 95-198

 

Bridgeport Acting Labor Relations Director,

 

                                Respondent                          September 27, 1995

 

                The above-captioned matter was heard as a contested case on August 7, 1995, at which time the complainant and the respondent 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 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 June 16, 1995, the complainant appealed to the Commission, alleging that the respondent failed to comply with the Commission's order in docket #FIC 94-234, Alex F. Carrozelli against Bridgeport Acting Labor Relations Director.

 

                3.             The Commission takes administrative notice of its record and final decision in docket #FIC 94-234.

 

                4.             It is found that the final decision in FIC 94-234 was issued on May 1, 1995.

 

                5.             It is found that the respondent was ordered in FIC 94-234 to forthwith make available for inspection certain requested records, and to copy any records requested by the complainant after he inspected those records.

 

                6.             It is found that a proposed finding and decision in FIC 94-234 was issued on March 23, 1995, and contained the same order as ultimately was approved in the final decision in that matter.

 

                7.             It is found that the respondent by letter dated April 18, 1995 informed the complainant that the respondent would not oppose the proposed finding and decision in FIC 94-234, and would not appeal from that decision.

 

Docket #FIC 95-198                                             Page 2

 

                8.             It is further found that the respondent in his April 18, 1995 letter informed the complainant that the respondent would make the requested records availble to the complainant upon issuance of the final decision, and directed the complainant to contact the respondent directly following issuance of the final decision to arrange for inspection and copying.

 

                9.             It is additionally found that the complainant by letter dated April 24, 1995 directed the respondent to call him and let him know when the information was available.

 

                10.           The complainant maintains that the respondent never complied with the order in FIC 94-234, because the respondent never called to say that the records were available, and did not attempt to deliver copies of any records until after the complainant filed the complaint in this matter.

 

                11.           It is found, however, that the respondent clearly informed the complainant that the records were to be available to him following the issuance of the final decision in FIC 94-234, and placed no undue burden on the complainant by requesting that he contact the respondent by telephone to arrange for inspection of the records.

 

                12.           It is therefore concluded that the respondent complied with the Commission's order in FIC 94-234.

 

                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 27, 1995.

 

                                                                              

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 95-198                                             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:

Alex F. Carrozelli

16 Richards Lane

Norwalk, CT 06851

 

Bridgeport Acting Labor Relations Director

c/o John H. Barton, Esq.

Associate City Attorney

McLevy Hall

202 State Street

Bridgeport, CT 06604-4807

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission