FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL DECISION
C.J. Mozzochi,
Complainant
against Docket #FIC 85-248
William Rogers,
Harvey Katz and Homer Scoville,
Respondents June 3, 1986
The above captioned matter was heard
as a contested case on May 7, 1986, 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:
1.
By letter dated November 1, 1985 the complainant made a request of the
respondents to be allowed to inspect and/or copy all files pertaining to the
Town of Glastonbury upon which any of the named respondents worked in their
capacity as town counsel. The
complainant's request also included access to all in-house billing records and
time files pertaining to the Town of Glastonbury.
2.
It is found that the respondents themselves do not constitute public
agencies within the meaning of 1-18a(a), G.S., and are therefore not
required to produce the documents set forth in paragraph 1, above.
3.
It is also found that documents in the hands of a custodian who is not a
public agency within the meaning of
1-18a(a), G.S., as in this case, does not deprive the public of
access thereto. However, requests for
such documents should be made to the public agency.
4.
It is therefore concluded that the Commission lacks jurisdiction to
determine the complaint.
Docket #FIC
85-248
Page 2
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above captioned complaint:
1.
The complaint is hereby dismissed.
Approved by order of the Freedom of
Information Commission at its regular meeting of May 28, 1986.
ÿ
Karen J.
Haggett
Clerk of the Commission