Final Decision FIC2013-685
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In the Matter of a Complaint by |
FINAL DECISION | |
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Alireza Jamalipour,
Complainant |
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against
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Docket #FIC 2013-685 | |
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Commissioner, State of Connecticut,
Department of Transportation; and State of Connecticut, Department of Transportation, Respondents |
August 13, 2014 |
The above-captioned matter was heard as a contested case on May 12, 2014, at which time the complainant and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. The respondents submitted unredacted copies of the records at issue for an in camera inspection.
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 §1-200(1), G.S.
2. By letter of complaint filed October 30, 2013, the complainant appealed to the Commission, alleging that the respondents failed to comply with his September 30, 2013 request for certain records regarding a promotional opportunity in his department.
3. It is found that the complainant made a September 30, 2013 request by email for all documentation involved in the filling of two supervising engineer positions.
4. It is found that the only records that remain at issue are the “job criteria” for the two positions.
5. Section 1-200(5), G.S., provides:
“Public records or files” means any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, or to which a public agency is entitled to receive a copy by law or contract under section 1-218, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.
6. Section 1-210(a), G.S., provides in relevant part:
Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to (1) inspect such records promptly during regular office or business hours, (2) copy such records in accordance with subsection (g) of section 1-212, or (3) receive a copy of such records in accordance with section 1-212.
7. Section 1-212(a), G.S., provides in relevant part that “[a]ny person applying in writing shall receive, promptly upon request, a plain, facsimile, electronic or certified copy of any public record.”
8. It is found that the requested “job criteria” are public records within the meaning of §§1-200(5), 1-210(a), and 1-212(a), G.S.
9. It is found the respondents provided all the records in their possession responsive to the complainant’s request for the “job criteria,” including the job criteria that were set forth in the postings for the positions, as well as the job descriptions and duties questionnaires for the two positions.
10. It is found that the provided records are not satisfactory to the complainant, who believes that there were in fact no valid “job criteria.” The complainant admits that no record in the possession of the respondents will satisfy him.
11. It is concluded that the respondents did not violate the FOI Act as alleged.
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 August 13, 2014.
__________________________
Cynthia A. Cannata
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:
Alireza Jamalipour
33 Danforth Lane
Rocky Hill, CT 06067
33 Danforth Lane
Rocky Hill, CT 06067
Commissioner, State of Connecticut, Department of Transportation;
and State of Connecticut, Department of Transportation
c/o Alice M. Sexton, Esq.
State of Connecticut,
Department of Transportation
2800 Berlin Turnpike
P.O. Box 317546
Newington, CT 06131-7546
and State of Connecticut, Department of Transportation
c/o Alice M. Sexton, Esq.
State of Connecticut,
Department of Transportation
2800 Berlin Turnpike
P.O. Box 317546
Newington, CT 06131-7546
____________________________
Cynthia A. Cannata
Acting Clerk of the Commission
FIC/2013-685/FD/cac/8/13/2014