FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL
DECISION
Rose Fortuna,
Complainant
against Docket
#FIC 88‑285
Chairman, Middletown Board of Tax Review,
Respondent November
9, 1988
The above‑captioned
matter was heard as a contested case on September 1, 1988 at which time the
complainant and the respondent appeared and presented testimony, exhibits and
argument on the complaint.
After consideration of
the entire record the following findings of fact and law are made:
1. The respondent is a
public agency within the meaning of §1‑18a(a), G.S.
2. By letter dated May
26, 1988 to the Middletown Tax Assessor, the complainant requested information
and explanation relating to the disallowance by the Middletown Board of Tax
Review of her March 22, 1988 petition for correction of the assessed value of
her residential property.
3. By letter dated May
31, 1988 to the complainant, the Tax Assessor answered 12 of her 14 information
requests and indicated that he did not have information available in his office
to answer the remaining two information requests. The Tax Assessor appended to his letter copies of the
complainant's current tax assessment card and §12‑62, G.S., records which
were responsive to but not specifically requested in the complainant's May 26,
1988 letter.
4. By letter dated
June 3, 1988 to the respondent, the complainant requested explanation and
information relating to the assessment of her property.
Docket #FIC 88‑285 Page 2
5. By letter dated
June 3, 1988 to the Tax Assessor, the complainant made eight requests for
explanation and information relating to the assessment of her property
specifically and tax assessment generally, and one request for "the first
revaluation chart‑‑United Appraisal [Company] did ten years
ago."
6. By letter dated
June 8, 1988 to the complainant, the Tax Assessor:
a. answered three of the complainant's
information requests,
b. supplied documents or referred to
documents previously supplied in answer to two of the complainant's information
requests,
c. referred complainant to other agencies in
response to two of her information requests,
d. invited the complainant to inspect the
Office of the Tax Assessor's records in response to one of her requests, and
e. stated, "No such charts
available" in response to the complainant's request for the document
described in Paragraph 5 herein.
7. By letter dated
June 28, 1988 to the respondent, complainant renewed her requests for
explanation and information contained in her letter dated June 3, 1988 to the
respondent.
8. By letter dated
July 5, 1988 to the complainant, the respondent stated his understanding that
the Tax Assessor had responded to all of her requests.
9. By letter of complaint
dated July 12, 1988 and filed with the Commission on July 13, 1988, the
complainant appealed the respondent's failure to provide explanation relating
to the asessment of her property
10. By Motion to
Dismiss dated August 5, 1988 and filed with the Commission on August 9, 1988,
the respondent moved that the complainant's appeal be dismissed for lack of
jurisdiction.
11. It is found that
the complainant is dissatisfied with the information and explanation provided
by the Tax Assessor and desires additional and/or different explanation from
the respondent.
Docket #FIC 88‑285 Page 3
12.
It is concluded, however, that the complainant's letter of June 28, 1988 to the
respondent cannot under the circumstances of this case reasonably be construed
as a request for access to or copies of public records.
13.
It is therefore concluded that the respondent has not denied the complainant
any right to inspect or copy records under Conn. Gen. Stat. §1‑19.
14.
It is therefore concluded that the Commission lacks jurisdiction to hear this
complaint.
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 special meeting of
November 9, 1988.
Catherine
H. Lynch
Acting
Clerk of the Commission