FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL
DECISION
Edward A. Peruta,
Complainant,
against Docket
#FIC 88-296
Town of Rocky Hill and
Acting Town Manager of the Town of Rocky Hill,
Respondents January
25, 1989
The above-captioned matter was heard as a contested case
on September 2, 1988, 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 and conclusions of law are reached:
1. The
respondents are public agencies within the meaning of §1-18a(a), G.S.
2. By letter
dated July 14, 1988, the complainant requested that the respondents provide him
with access to inspect all time sheets kept by attorneys working for the town
or paid by the town in 1986, 1987 and 1988, especially time sheets kept by the
law firms of Shipman & Goodwin and Zamen & Ellis from January 1, 1987
to the present.
3. By letter
dated July 19, 1988, the respondent acting town manager denied the
complainant's request.
4. By letter
dated and filed with the Commission on July 21, 1988, the complainant appealed
to the Commission from the denial of his request.
5. It is found
that the respondents never prepared, owned, used, received, retained, kept or
maintained the requested records.
6. Indeed, it is
found that at all times the records were in the custody of private law firms.
7. Thus it is
found that the requested records are not public records of the respondents
within the meaning of §§1-18a(d) and 1-19(a), G.S.
Docket #FIC 88-296 Page
Two
8. It is further
found that the Freedom of Information Act nowhere requires the respondents to
create or obtain records they never had.
9. Thus it is
concluded that the respondent acting town manager's denial of the complainant's
request does not violate any provision of the Freedom of Information Act.
The following order of 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 January 25, 1989.
Karen
J. Haggett
Clerk
of the Commission