FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by FINAL
DECISION
Michael Selvaggi
and Monument Setting Company, Inc.,
Complainants
against Docket #FIC 89-66
Ronald W. Owens,
Stratford Town Manager and Michael Spivak, Stratford Town Engineer,
Respondents February 14, 1990
The above-captioned matter was heard
as a contested case on July 3, 1989 and November 20, 1989 at which times the
complainants 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 January 19, 1989 to the respondent town manager, the
complainants requested copies of: (a) the binding agreements for the
Feasibility Study for the Academy Hill Monument Restoration and all related
records including financial records; and (b) a copy of the product of that
contract with all related documentation.
3.
Having failed to receive a response as of February 21, 1989, the
complainants filed an appeal to this Commission on February 22, 1989.
4.
It is found that the respondent town manager referred the complainants'
request to the respondent town engineer, who was in possession of the documents
relating to the Academy Hill Monument Restoration.
5.
It is found that at the time of the complainants' request, there was a
feasibility study being conducted by Carol Grissom as well as an earlier
completed feasibility study by Fletcher-Thompson, and that some confusion
existed concerning which feasibility study documents were sought by the
complainants and whether any documents had been forwarded to the complainants
by the respondents.
Docket #FIC
89-66 Page 2
6.
It is found that in order to eliminate the confusion, the respondents
arranged for the complainants to meet at the town hall to inspect all files of
the respondent town engineer and to designate which items the complainants
wished to have copied.
7.
It is found that as a result of the meeting referred to in finding 6,
above, the complainants were given access to all information they requested
with the exception of a requested computer printout for the special checking
account established for the monument restoration project.
8.
It is found that no computerized accounting for the project in issue
exists, although copies of cancelled checks concerning this project are
contained in the files of the respondent town engineer, which files were made
available to the complainants.
9.
It is also found that portions of the general ledger kept by the
respondents contain references to payments made with respect to the monument
account, and that the respondents have agreed to assemble and provide these
portions to the complainant within 30 days of the conclusion of the hearing in
this matter.
10.
It is further found that documents previously provided to the
complainants contain the same information as those records described in
paragraph 9, above.
9.
It is found that although there was a delay of unusual length from the
time of the complainants' request to the time of the complainants' receipt of
requested documentation, this delay was caused by unfortunate circumstances
surrounding the respondents' efforts to comply in good faith with the
complainants' request.
10.
Under the circumstances presented, it is concluded that there is no
reason to grant relief to the complainants in this case.
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
February 14, 1990.
Tina C.
Frappier
Acting Clerk
of the Commission
Docket #FIC
89-66 Page 3
PURSUANT TO
SECTION 4-180(c), G.S. THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST
RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF
THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.
THE PARTIES TO
THIS CONTESTED CASE ARE:
MICHAEL SELVAGGI
Monument Setting
Company, Inc.
348 Surf Avenue
Stratford, CT
06497
RONALD W. OWENS,
STRATFORD TOWN MANAGER AND MICHAEL SPIVAK, STRATFORD TOWN ENGINEER
c/o Steven G.
Berg, Esquire
Gregory &
Adams
190 Old
Ridgefield Road
P.O. Box 190
Wilton, CT 06897
Tina C.
Frappier
Acting Clerk of the Commission