Ken Dixon, Staff Writer
Published: 11:26 p.m., Tuesday, January 4, 2011
HARTFORD -- A Bridgeport fire captain who was terminated in the wake of the city's global-positioning-system scandal of 2007, has won a victory in his attempt to regain his job.
The state Freedom of Information Commission has ruled in favor of Nicholas Novia's attempt to obtain a record of e-mails sent and received by department administrators including Chief Brian Rooney.
The commission ruled the city reacted slowly to Novia's requests. It also charged the city's refusals to release e-mail records on the claim they contained personnel or medical files exempt from the Freedom of Information Act, was unfounded.
Although it waived a recommended $200 penalty against City Attorney Mark Anastasi, the commission said his office has a policy of letting FOI requests "fall between the cracks" among city agencies.
The commission ordered the city to provide Novia with back-up tapes of the e-mail history in a "readable, searchable medium" at no cost.
Novia's attorney said Tuesday that he expects the FOIC order to be a major step toward reinstatement of the 19-year department employee and veteran fire marshal, who won promotion to captain shortly after the 2007 firings of five other firefighters for allegedly misusing departmental vehicles.
In a decision issued last month, the FOI Commission said the city is required to provide back-up records of e-mails, even though the city changed computer systems since five firefighters were fired for the alleged misuse of department vehicles in 2007. Novia, who was promoted to captain in 2008, was the sixth -- and last -- fired.
Currently, two firefighters remain terminated; one retired; one returned to work and two, including Novia, have outstanding labor grievances.
Chip Walsh, a New Haven lawyer representing Novia, said Tuesday that the FOI Commission's decision is important in the prolonged process of clearing Novia's record and getting his job back.
"We're looking forward to the opportunity to present our defense to the charges against Capt. Novia and we are confident that after the state labor board has heard all the evidence they will determine that the termination was without just cause and they will reinstate him to his position," Walsh said in a phone interview.
Anastasi said in a statement that he will obey the FOI Commission's ruling.
"The City plans to comply fully with the FOI Commission's Final Decision of Dec. 15, 2010; and, in fact has already produced thousands of pages of information in response to the FOIA request," Anastasi said.
Elaine Ficarra, spokeswoman for Mayor Bill Finch, said the City Attorney's Office has been changing its habits.
"Since taking office, Mayor Finch has pushed the City Attorney's Office to be more efficient and responsive in their approach to answering FOI requests, and notes that in recent months new procedures have been adopted, which substantially streamline the process," Ficarra said.
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