FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Edward Boman,

 

                        Complainant,

 

            against              Docket #FIC 90-127

 

Connecticut Resources Recovery Authority,

 

                        Respondent                  September 12, 1990

 

            The above-captioned matter was heard as a contested case on July 12, 1990, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  This case was consolidated for hearing with Docket #FIC 90-79.

 

            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.  The complainant filed his letter of complaint with the Commission on April 9, 1990.

 

            3.  It is found that by letter hand-delivered on Janaury 10, 1990, the complainant requested that the respondent provide him with a copy of, among other things, tape-recordings made at the respondent's December 19, 1990, personnel committee and board of director's meetings, as well as any other meetings in which the board's members discussed the complainant.

 

            4.  It is found that by letter dated March 16, 1990, the respondent informed the complainant that the personnel committee does not tape record its meetings and that tape recordings of the board of directors' meetings are destroyed immediately after the meeting.

 

            5.  It is found that by letter dated June 26, 1990, the respondent's attorney informed the complainant that she had discovered some tape recordings of the public sessions of the board of directors' meetings still existed for December 1989 and Januay 1990 and that he could make arrangements to listen to them.

 

            6.  It is found that the tape recordings in question are public records, as defined by 1-18a(d), G.S.

 

Docket #FIC 90-127                           Page Two

 

            7.  It is concluded that the respondent violated 1-15 and 1-19(a), G.S., by failing to provide the complainant with prompt access to the existing tape recordings.

 

            The following order of the Commission is hereby recommended based on the complete record in the above-captioned complaint:

 

            1.  The respondent forthwith shall provide the complainant with access to the records described in paragraph 5 of the findings, above.

 

            2.  The respondent henceforth shall act in strict compliance with the records disclosure requirements of 1-15 and 1-19(a), G.S.

 

Approved by order of the Freedom of Information Commission at its regular meeting of September 12, 1990.

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission

 

Docket #FIC 90-127                           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:

EDWARD BOMAN

c/o Thomas J. Weihing, Esq.

1115 Main Street

Suite 710

Bridgeport, CT 06604

 

CONNECTICUT RESOURCES RECOVERY AUTHORITY

c/o Jeffrey L. Fisher, Esq.

Murtha, Cullina, Richter & Pinney

CityPlace

P.O. Box 3197

Hartford, CT 06103

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission