FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Joseph E. Varisco,
Complainant
against Docket
#FIC 88‑78
State of Connecticut
Department of Transportation and Assistant Attorney General Paige Everin,
Respondents December
14, 1988
The above‑captioned matter was scheduled but not
heard as a contested case on April 19, 1988.
It was continued several times to June 14, 1988, July 12, 1988, August
30, 1988, and then to October 16, 1988.
At that time the parties appeared and presented evidence and argument on
the complaint. The case was
consolidated with #FIC 88‑77, Diane Reed Sanford Anjone v. State of Connecticut Department of
Transportation and Assistant Attorney General Paige Everin, because the two
cases concerned the same subject matter.
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 March 1, 1988, the complainant requested access to inspect (a) the
complete files of the New Milford District Office of the respondent department
pertaining to 96 Redding Road, Redding, Connecticut; (b) the complete files of
the New Milford District Office pertaining to the Perkin‑Elmer
Corporation property located at 100 Redding Road, Redding, Connecticut; and (c)
the complete file pertaining to the Route 107 road construction project (#116‑98).
3. On or
about March 1, 1988, the complainant was denied access to the requested records
by the custodian of the records after consultation with other officials.
4. On March 7, 1988, the complainant filed
his appeal.
5. At
hearing the complainant stated that he did not seek a civil penalty against the
respondents.
Docket #FIC 88‑78 page
two
6. It is
found that the respondents made all the records requested available to the
complainant and his attorney approximately two weeks after the request was
made.
7. The complainant alleges that the records
were not provided within four days following the request, and that in any event
the records were not provided promptly as required by §§1‑15 and 1‑19(a),
G.S.
8. It is
found that the requested records and files contained hundreds of pages and that
they included construction files, drainage information, correspondence,
photographs, maps, applications, submissions, and an encroachment permit.
9. The
respondents claimed because the complainant has sympathized with difficulties
Diane Reed Sanford Anjone has endured during the efforts of the Department of
Transportation to condemn her land, amd
because Ms. Anjone filed a lawsuit seeking injunctive relief against the
respondents, that some of the records might have been exempt from disclosure
under §1‑19b(b), G.S.
10. It is
found since the complainant is not a party to Ms. Anjone's lawsuit, that the
records in question are not exempt from disclosure under §1‑19b(b), G.S.
11. The
respondents claimed further that some of the requested records might have been
exempt under §§1‑19(b)(4) and 1‑19(b)(7), G.S.
12. It is
found that the respondent Everin could have instructed the custodian of the
records to make most of the records available while retaining any possibly
exempt files or records for his review.
13. It is
found that §1‑21i(a), G.S., does not require the respondents to make the
records available within four business days, but under that section, failure of
the respondents to communicate when the records shall be made available,
constitutes a denial of access.
14. It is
found that the respondents failed to notify the complainant within four
business days when the records would be available.
15. It is
concluded that the respondents denied the complainant access to the requested
records and failed to provide the requested records promptly as required by §§1‑15
and 1‑19(a), G.S.
Docket #FIC 88‑78 page three
The following order by the Commission is hereby
recommended on the basis of the record concerning the above‑captioned
complaint.
1. The
respondents shall henceforth provide access to records and files promptly as
required by §§1‑15 and 1‑19(a),
G.S.
Approved by order of the Freedom of Information
Commission at its special meeting of December 14, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission