FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
George W. Esposito,
Complainant,
against Docket
#FIC 87-268
Hamden Town Attorney,
Respondent March
9, 1988
The above-captioned matter was heard as a contested case
on October 19, 1987, at which time the complainant and the respondent 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 respondent
is a public agency within the meaning of §1-18a(a), G.S.
2. By complaint
filed September 17, 1987, the complainant claimed that the respondent failed to
provide him access to inspect and failed to provide him copies of the
Dunbar-Davenport file.
3. The respondent
admitted that inspection of the file was not provided until September 10, 1987,
and that the copies requested were not provided until early October, 1987.
4. The respondent
claimed that compliance was delayed because the file was temporarily out of the
office and because of confused communication.
5. On the day the
complainant requested the file, he was told that the file was not available
because it was in Hartford.
6. On the next
day after he requested the file, the complainant was told the file was in the
Mayor's office. However, no one
provided it to him despite the presentation by the complainant of a written
Freedom of Information request.
7. On September
10, 1987, the respondent allowed the complainant to inspect the file, but
denied him copies of the records which he wanted.
Docket #FIC 87-268 page
two
8. On or about
October 8, 1987, the complainant paid for and received the records he requested.
9. It is found
that access to inspect and copy records requested by the complainant was not
provided in accordance with §§1-15 and 1-19(a), G.S.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint:
1. The respondent
shall henceforth provide access to records promptly as required by §§1-19(a)
and 1-15, G.S.
2. If the
respondent intends to continue her representation of a public agency, she
should become better informed concerning the requirements of prompt access in
the Freedom of Information Act.
Approved by order of the Freedom of Information
Commission at its special meeting of March 9, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission