FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by FINAL DECISION
Beth V. Denton,
Complainant
against Docket #FIC 90-371
West Haven Comptroller and Director of Finance,
Respondent March 27, 1991
The above-captioned matter was heard as a contested case on January 29, 1991, 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 contested case docket numbers FIC 90-378 and FIC 90-502.
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. By letter filed with this Commission on September 28, 1990, the complainant alleged that the respondent violated the FOI Act by denying her access to public records as requested in her letter of September 17, 1990.
3. It is found that by letter dated September 17, 1990, the complainant requested access to all monthly phone bills from December 1989 through September 1990 including car phone invoices.
4. It is found that the requested records are public records within the meaning of 1-18a(d), G.S.
5. It is found that on the date the respondent received the complainant's September 17 letter, he erroneously responded that the requested records were remitted with their payments and were not retained; however, the complainant could inspect a journal kept by his office indicating the amount paid for each phone line billed.
6. It is also found that by letter dated September 27, 1990, the respondent again contacted the complainant to inform
Docket #FIC 90-371 Page 2
her that he had been mistaken concerning the retention of the records requested and suggested that she contact him to arrange a mutually convenient time to inspect the records during the week of October 8 or later (when the accounts payable clerk was expected back from vacation by the respondent).
7. At hearing the complainant claimed that although she received some records from the respondent, she did not receive all the records to which she is entitled.
8. It is found that the respondent provided the complainant with all the relevant records he and his staff could find.
9. It is also found that personal telephone call information contained in the mobile telephone records of the mayor had been redacted by the mayor's office prior to the respondent's possession of such.
10. Accordingly, it is concluded that the respondent did not violate the provisions of the FOI Act under the facts of 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 March 27, 1991.
Tina C. Frappier
Acting Clerk of the Commission
Docket #FIC 90-371 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:
BETH V. DENTON
107 Second Avenue
West Haven, CT 06516
WEST HAVEN COMPTROLLER AND DIRECTOR OF FINANCE
c/o Gerald P. Dwyer, Esq.
Corporation Counsel
355 Main Street
West Haven, CT 06516
Tina C. Frappier
Acting Clerk of the Commission