FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Charles D. Mack,
Complainant,
against Docket #FIC 90-11
Assessors, Town of Lebanon,
Respondent, July 25, 1990
The above-captioned matter was heard as a contested case on May 1, 1990, at which time the complainant and the respondents appeared 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. It is found that on January 11, 1990, the complainant requested copies of the criteria, guidelines and price schedule for assessment, the statement of procedures used in re-evaluation, and the assessment value of seasonal and year- round homes and lots on Ledge Road, in Lebanon.
3. By complaint mailed January 30, 1990, the complainant alleged that the respondents had not provided him with the requested records.
4. It is found that the complainant had requested the same information on December 8, 1989, and that he provided the assessors with a twenty-dollar check to cover anticipated charges.
5. It is found that when the assessors received the December request, they had in their possession some of the records requested by the complainant.
6. It is found that the assessors did not forward copies of the records in their possession to the complainant; instead they sent the complainant's letter to the the company which was conducting the revaluation of property.
Docket #FIC 90-11 Page two
7. It is found that subsequently the company returned the letter and the check to the town.
8. The respondents claim that the records were never denied, rather they were always available to the complainant in the assessors' office.
9. The respondents claim further that the records were not sent because the complainant's request placed an unreasonable burden upon the assessors who were unusually busy with work relating to the revaluation.
10. It is found that the complainant was disabled and unable to come to Lebanon from his home in Bridgeport at the time he made his request.
10. It is concluded that the respondents violated 1-15 and 1-19(a), G.S., by failing to provide the complainant with the requested copies in a prompt fashion.
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 comply with 1-15 and 1-19(a), G.S.
Approved by order of the Freedom of Information Commission at its regular meeting of July 25, 1990.
Tina C. Frappier
Acting Clerk of the Commission
Docket #FIC 90-11 Page three
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:
CHARLES D. MACK
95 Emerald Street
Bridgeport, CT 06610
ASSESSORS, TOWN OF LEBANON
c/o Patricia G. Hedwall, C.C.M.A.
Lebanon Board of Assessors
Town Office Building
Route 207
Lebanon, CT 06249
Tina C. Frappier
Acting Clerk of the Commission