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