Final Decision FIC75-9
In the Matter of a Complaint by
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William X. Alexios, Complainant
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Report of Hearing Officers |
against
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Docket #FIC75-9 |
Personnel Appeal Board, Respondent | November 19, 1975 |
The above-captioned matter was heard as a contested case on November 19, 1975, at which time the complainant and respondent appeared and presented testimony, exhibits and argument on the complaint.
After consideration of the evidence the following facts are found:
1. Respondent is a public agency as it is the State Personnel Appeal Board.
2. On October 2, 1975, complainant requested inspection of certain records of said agency, which access was denied.
3. At this hearing, the respondent agreed that “Item #1” in said October 2 letter would be complied with by furnishing to complainant the minutes and names of persons in attendance at a meeting held on April 30, 1975.
4. As to “Item 2” no record exists in the respondent’s file; so compliance is impossible.
5. As to “Item 3”, Sergeant Barrett's report will be furnished to complainant, as stipulated before the hearing officers.
6. As to “Item 4” the complainant furnished to the hearing officers as a late filed exhibit a copy of the transcript of the proceedings before the respondent on August 24, 1970, which is hereby made a part of the record i:n this contested case.
7. The 25 police records or any part of that number alleged in Item 4 were made a part of the respondent's hearing record in the public hearing concerning the appeal of William X. Alexios on August 24, 1970, and, as a result, ceased to be confidential when they became exhibits.
It is hereby recommended that the following order enter in this case:
1. The respondent is hereby ordered to deliver to the complainant the following items in accordance with the finding:
a) minutes and attendance of meeting of April 30, 1975
b) Sergeant Barrett's report
c) police reports as described in #7 above.
a) minutes and attendance of meeting of April 30, 1975
b) Sergeant Barrett's report
c) police reports as described in #7 above.
2. As to all other items mentioned in the complaint, the complaint is dismissed.
s/ Helen Loy
Helen Loy
s/ Henry S. Cohn
Henry S. Cohn, Esq.
Henry S. Cohn, Esq.
Hearing Officers
Approved by order of the Freedom of Information Commission on December 10, 1975.
s/ Louis Tapogna
Louis Tapogna Clerk of the
Commission
Louis Tapogna Clerk of the
Commission