FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Michael and Patricia Mabry,

 

                                Complainants

 

                against                   Docket #FIC 89-404

 

Administrator, Town of Litchfield Tornado Clean-up Project,

 

                                Respondent                          April 11, 1990

 

                The above-captioned matter was heard as a contested case on March 5, 1990, at which time the complainants and the respondent 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 respondent is a public agency within the meaning of 1-18a(a), G.S.

 

                2.  On October 16, 1989, the complainants made a written request for access to all records the respondent possesses as administrator of the tornado clean-up program under the Federal Emergency Management Agency ("FEMA") and other clean-up program guidelines.

 

                3.  When the complainants did not receive a response to their letter after four business days, they filed an appeal with this Commission on October 30, 1989 alleging denial of their request to inspect the public records in the respondent's care.

 

                4.  It is found that some of the relevant records were kept in the first selectman's office and some in the public works office at the town hall.

 

                5.  It is also found that the town's tornado clean-up project administrator kept at his home some forms signed by citizens who requested clean-up work on their property which forms released the town from legal liability for work done on their property.

 

                6.  It is found that the town's tornado clean-up project administrator reports to the first selectman.

 

                7.  It is found that after having received the request identified in paragraph 2, above, the first selectman telephoned

 

Docket #FIC 89-404                                             Page 2

 

FEMA in Boston as well as her attorney to request their approval to allow the complainants access to all documents related to the request identified in paragraph 2, above.

 

                8.  The respondent claims that the first selectman's efforts to seek FEMA's approval to grant access caused her to delay the complainants' access to the pertinent records available at town hall.

 

                9.  It is concluded that the respondent's claim identified in paragraph 8, above, fails to state an exemption under the FOI Act from the requirement of prompt access pursuant to 1-19(a), G.S.

 

                10.  The respondent also claims that it was the responsibility of the complainants to specify in greater detail those records they sought, including a direct reference to the releases sought and identified in paragraph 5, above.

 

                11.  It is concluded that under the circumstances of this case the complainants' request identified in paragraph 2, above, sufficiently identifies the records sought and reasonably includes the release forms identified in paragraph 5, above.

 

                12.  It is found that at the time of the hearing into this matter, the complainants had not yet been granted access to the documents identified in paragraph 5, above.

 

                13.  It is concluded that the delay identified in paragraph 12, above, constitutes a violation of 1-19(a), G.S.

 

                The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

                1.  The respondent shall disclose to the complainants all records identified in paragraphs 2, 4, and 5, above to the extent that he has not done so at the time of the adoption of the Final Decision in this matter.

 

                2.  The Commission wishes to remind the respondent that no public records are to be filed or stored at private residences but are to be kept on file at the regular office or business place of the agency or, if none exists, then in the office of the town clerk.

 

Approved by order of the Freedom of Information Commission at its regular meeting of April 11, 1990.

 

                                                                      

                                                Tina C. Frappier

                                                Acting Clerk of the Commission

 

Docket #FIC 89-404                                             Page 2

 

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 AND PATRICIA MABRY

182 Cathole Road

Litchfield, CT 06759

 

ADMINISTRATOR, TOWN OF LITCHFIELD TORNADO CLEAN-UP PROJECT

c/o Kent Gilyard

Town Office Building

West Street

Litchfield, CT 06759

 

                                                                      

                                                Tina C. Frappier

                                                Acting Clerk of the Commission