FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Housing Authority of the
City of New Haven,
Complainant,
against Docket
#FIC 87-227
Executive Director,
Commission on Equal Opportunities of the City of New Haven and Commission on
Equal Opportunities of the City of New Haven,
Respondents February
28, 1988
The above-captioned matter was heard as a contested case
on September 4, 1987, at which time the complainant and the respondent director
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. The
respondents are public agencies within the meaning of §1-18a(a), G.S.
2. On July 6,
1987, the complainant requested copies of complaints and papers showing the
disposition of complaints received by the respondent commission for the time
period from January 1, 1983 to December 31, 1986.
3. On July 10,
1987, the respondent director advised the complainant that the request for
records was being reviewed by counsel.
4. The
complainant filed a complaint with this Commission on or about August 3, 1987,
alleging the failure of the respondent commission to provide the records, and
requesting the maximum civil penalty.
5. At hearing,
the respondent director agreed to provide the complainant with most of the
requested records and the complainant agreed to pay the costs of $.25 per page.
Docket #FIC 87-227 page two
6. The respondent
commission withheld the requested records in its complaint entitled Commission
on Economic Opportunity v. YMCA, alleging that the complaint and related
records were exempt from disclosure under the New Haven Equal Opportunities
Ordinance at §12 1/2-6(e) of the New Haven Code.
7. It is found
that §1-19(a), G.S. provides that copies of all public records shall be
promptly available to the public except as otherwise provided by federal law or
state statute.
8. It is found
that the specific ordinance cited by the respondent director does not supersede
the open records requirements of §1-19(a), G.S.
9. It is found
that the respondent director failed to prove that the complaint and related
records in Commission on Economic Opportunity v. YMCA are exempt from
dislosure under §1-19(a), G.S.
10. It is found that the respondent commission failed to
provide the complainant with the requested records promptly as required by
§1-15, G.S.
11. It is found under the facts of this case that a civil
penalty is not warranted.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint:
1. Henceforth,
the respondents shall provide copies of records promptly in accordance with the
requirements of §1-15, G.S.
2. The
respondents shall provide the complainant with copies of the records concerning
the complaint in Commission on Economic Opportunity v. YMCA, which would
show the complaint and any disposition thereof within thirty days of the
mailing of this decision.
Approved by order of the Freedom of Information
Commission at its regular meeting of February 24, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission