FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL
DECISION
Michael A. Terek,
Complainant
against Docket
#FIC 88-18
First Selectman and Administrative Assistant to the First Selectman of
the Town of Fairfield,
Respondents April
27, 1988
The above-captioned
matter was heard as a contested case on March 3, 1988, at which time the
complainant and the respondent appeared and presented 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 December 7, 1987 the
complainant made a request of the respondents for all comments and complaints
that had been received concerning the town clerk, her office and the operations
thereof.
3. It is found that on December 14, 1987 the
complainant was denied acces to the requested information.
4. From denial of access to the requested
documents, the complainant appealed to the Commission by complaint postmarked
January 14, 1988, received and filed with the Commission on January 19, 1988.
5. It is found that more than 30 days elapsed
between the date of the denial and the filing of the complaint with the
Commission.
6. It is therefore concluded that pursuant to
§1-21i(b), G.S., the Commission lacks jurisdiction to hear the complaint.
Docket #FIC 88-18 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 April 27, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission