FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Joseph R. Krevis,
Complainant
against Docket
#FIC 95-241
Joseph Ganim, Bridgeport
Mayor, Mark Anastasi, Bridgeport City
Attorney, and H. James
Haselkamp, Bridgeport Director of Labor Relations,
Respondents February 28, 1996
The above-captioned matter was heard as a contested
case on January 16, 1996, at which time the complainant and the respondents
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
respondents are public agencies within the meaning of 1-18a(a), G.S.
2. By letter
dated July 5, 1995, the complainant requested that the respondent director of
labor relations provide him with a copy of the Internal Revenue Service
(hereinafter "I.R.S.") summons served on the City of Bridgeport
concerning the complainant's claim(s) for heart and hypertension benefits and
pension payments.
3. By letter
dated July 15, 1995, the complainant requested that the respondent director of
labor relations provide him with a copy of a summons, if any, authorizing
I.R.S. agents to review personnel and medical files at the Bridgeport Police
Department on December 21, 1993.
4. By letter
dated July 18, 1995, and filed July 21, 1995, the complainant appealed to the
Commission and alleged that the respondents violated the Freedom of Information
("FOI") Act by failing to respond to his requests, and requested the
imposition of maximum civil penalties against the respondents.
5. It is
found that the complainant did not direct his request to the respondent mayor,
nor did the respondent mayor become involved in this matter.
#FIC 95-241 Page
2
6.
Accordingly, it is concluded that the complaint is dismissed with
respect to the respondent mayor.
7. It is
found that the complainant is seeking two different summonses: one dated March 22, 1994, requested in the
complainant's July 5, 1995 letter; and a second relative to the I.R.S.'s review
of records conducted on December 21, 1993 at police headquarters, requested in
the complainant's July 15, 1995 letter.
8. It is
found that the I.R.S. agents reviewing police department personnel and medical
files on December 21, 1993, did not have a summons and that no such document
exists.
9. It is
found that the requested March 22, 1994 summons is a public record within the
meaning of 1-18a(d) and 1-19(a), G.S.
10. It is
found that the respondent director of labor relations did not respond to either
of the complainant's letters of request until on or about July 24, 1995, when
he sent the complainant a letter informing him that his request had been
referred to the city attorney's office.
11. It is
found that under cover letter dated August 21, 1995, the respondent city
attorney provided the complainant with a copy of the March 22, 1994 summons.
12. It is
found that the March 22, 1994 summons was not provided to the complainant
promptly within the meaning of 1-15(a), G.S.
13. It is
concluded that by failing to promptly provide the complainant with a copy of
the March 22, 1994 summons, the respondent director of labor relations and the
respondent city attorney violated 1-15(a), G.S.
14. The
complainant claims that he received an incomplete copy of the March 22, 1994
summons, but the Commission has insufficient evidence before it to determine
whether the summons provided was a complete document.
15. The
Commission, in its discretion, declines to consider the imposition of civil
penalties against the respondents.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint:
#FIC 95-241 Page
3
1.
Henceforth, the respondent director of labor relations and the
respondent city attorney shall strictly comply with the requirements of
1-15(a), G.S.
Approved by Order of the
Freedom of Information Commission at its regular meeting of February 28, 1996.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 95-241 Page
4
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:
Joseph R. Krevis
110 Duane Place
Bridgeport, CT 06610
Joseph Ganim, Bridgeport
Mayor; Mark Anastasi, Bridgeport City Attorney; and H. James Haselkamp,
Bridgeport Director of Labor Relations
c/o John Barton, Esq.
Office of City Attorney
202 State Street
Bridgeport, CT 06604
Elizabeth A. Leifert
Acting Clerk of the
Commission