FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Paul Gough,
Complainant,
against Docket
#FIC 87-292
Mayor, Office of the Town
Attorney and Public Utilities Commission of the Town of Wallingford,
Respondents March
9, 1988
The above-captioned matter was heard as a contested case
on November 13, 1987, 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. The
respondents are public agencies within the meaning of §1-18a(a), G.S.
2. By letter
dated September 9, 1987, the complainant requested the respondent mayor provide
him with:
a.
all copies of all records referring to him by name and/or address that were
created, compiled or received by any employees, officials, office or department
of the Town of Wallingford on or between December 1, 1986, and 6 p.m. on
September 8, 1987,
b. and all records received from consultants,
contractors or subcontractors of the Town of Wallingford or its offices on or
between the same dates,
c. but excluding:
-
records of the Department of Public Utilities concerning bills,
-
tax and other financial information held by the Comptroller,
-
property and voting records,
-
and tapes and minutes of meetings at which the complainant spoke.
Docket #FIC 87-292 Page
Two
3. By letter
dated September 9, 1987, the respondent Mayor denied this request.
4. By letter
dated September 19, 1987, the complainant reiterated his request.
5. By letter
dated October 5, 1987, and filed with the Commission on October 7, 1987, the
complainant appealed to the Commission from the denial of his request.
6. The
respondents claim that they have no records that meet the full description in
paragraph 2, above.
7. It is found
that the complainant's request also stated:
"You
will note that my request is limited by date to make it easier to locate the
information, but it also includes copies of all records that may
have been created earlier but from which copies were made and therefore became
records of the Town of Wallingford on or between the dates listed."
8. The
respondents claim they did not understand the complainant's meaning in the
statement in paragraph 7, above.
9. It is found
that by the statement in paragraph 7, above, the complainant meant to request
any records of him or his address that the town had from before the dates
specified in paragraph 2a, above, but had had cause to copy and file anew
within those specified dates.
10. It is found
that the respondents' confusion as to the meaning in the statement in paragraph
7, above, was reasonable.
11. It is found that
the respondent mayor checked with various town department heads and reasonably
believed the respondents did not have any records meeting the full description
in paragraph 2, above.
12. It is found
that locating any records that refer to the complainant by name or address and
fully meet the description in paragraph 2, above, would require the various
Town of Wallingford offices to undertake research not required under the
Freedom of Information Act.
13. It is
concluded, therefore, that the respondent mayor did not violate the Freedom of
Information Act when he denied the complainant's request.
Docket #87-292 Page
Three
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, without prejudice.
2. The Commission
reminds the respondents, however, that §1-19(a), G.S., grants the complainant
the right to inspect the records of the Town of Wallingford and conduct his own
research.
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