FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

 

In the Matter of a Complaint by                                                Final Decision

 

Carl Liano,

 

                        Complainant

 

            against                                                                          Docket #FIC 1995-349

 

Kathy Testani, Workers’ Compensation

Benefits Coordinator, Labor Relations/

Benefits Administration, City of Bridgeport

 

                        Respondent                                                      September 11, 1996

 

            The above-captioned matter was heard as a contested case on April 16, 1996, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  Docket #FIC 1995-352, Carl Liano v. H. James Haselkamp, Director, Labor Relations/ Benefits Administration, City of Bridgeport; Monquencelo T. Miles, Benefits Coordinator, Labor Relations/ Benefits Administration, City of Bridgeport; Joseph Ganim, Mayor of Bridgeport; and Mark Anastasi, Esq., Bridgeport City Attorney, was consolidated with the above-captioned-matter for purpose of hearing.

 

            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 dated November 21, 1995 and filed with the Commission on November 27, 1995, the complainant appealed to the Commission alleging that the respondent violated the Freedom of Information (“FOI”) Act by denying him access to copies of records.  The complainant requested that the Commission impose a civil penalty upon the respondent.

 

3.         It is found that by letter dated November 8, 1995, the complainant requested that the respondent provide him with access to copies of the following records concerning the termination of his Workers’ Compensation payments:

 

a.  all written orders, memoranda and documents to the respondent from any officials/ employees or private representative of the City of Bridgeport (“city”); and

 

b.  any orders, memoranda and documents from the respondent to any official/ employee, private legal representative and Total Employee Care, Inc., the city’s third party provider that sends out compensation payments.

 

4.         Having failed to receive access to the requested records, the complainant filed this appeal.

 

5.         It is found that by letter dated February 14, 1996, counsel for the respondent responded to the complainant’s November 8, 1995 request, and at that time provided the complainant with a copy of the Workers’ Compensation Commission decision in file #405567 dated October 18, 1995, a letter from Dodge to Paolino dated October 19, 1995 and a letter from Dodge to Moore dated December 20, 1995.

 

6.         It is found that the records provided to the complainant, and as described in paragraph 5, above, are public records within the meaning of §§1-18a(d) and 1-19(a) G.S.

7.         It is found that at the time of the complainant’s request the respondent maintained the Workers’ Compensation Commission decision and the October 19, 1995 letter, as described in paragraph 5, above, which records are responsive to the complainant’s request, however, the respondent did not maintain the December 20, 1995 letter, as described in paragraph 5, above.

 

8.         It is found that the respondent , upon receiving the complainant’s request failed to respond to such request.  It is found that the respondent forwarded the request to James Haselkamp, the city’s Director, Labor Relations/ Benefits Administration.

 

9.         It is found that Haselkamp also failed to respond to the complainant’s request.

 

10.       It is found that the access provided by counsel, as described in paragraph 5, above, approximately three months after the complainant’s request, was not prompt within the meaning of §§1-15(a) and 1-19(a), G.S.

 

11.       It is concluded that the respondent violated §§1-15 and 1-19(a), G.S., by failing to promptly provide the complainant with access to a copy of the Workers’ Compensation Commission decision and the October 19, 1995 letter, as described in paragraph 5, above.

 

            12.       It is also concluded that the violation, as described in paragraph 11, above, was without reasonable grounds.

 

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

 

              1.         The respondent shall immediately upon the receipt of the notice of the final decision in this matter remit to this Commission a civil penalty in the amount of fifty dollars.

 

              2.         Henceforth, the respondent shall strictly comply with the requirements of §§1-15(a) and 1-19(a), G.S.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of September 11, 1996.

 

 

 

__________________________

Elizabeth A. Leifert

Acting 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:

 

Carl Liano

29 Centerview Drive

Shelton, CT 06484

 

Kathy Testani, Workers’ Compensation Benefits Coordinator, Labor Relations/Benefits Administration, City of Bridgeport

c/o       John H. Barton, Esq.

            City Attorney

            202 State Street

            Bridgeport, CT 06604

 

 

__________________________

Elizabeth A. Leifert

Acting Clerk of the Commission