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 90-502

 

West Haven Corporation Counsel,

 

                        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 and presented testimony, exhibits and argument on the complaint.  This case was consolidated for hearing with contested case docket numbers FIC 90-371 and FIC 90-378. 

 

            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 December 27, 1990, the complainant alleged that the respondent violated the FOI Act by failing to respond to her December 12, 1990 request for access to bills for the mayor's car phone that are paid for with city funds and documentation of payments from the mayor for all personal calls made from that phone.

 

            3.  It is found that the respondent at no time had custody or control of the requested records within the meaning of 1-21i, G.S.

 

            4.  It is also found that the respondent verbally informed the complainant that he did not have the records she sought.

 

            5.  It is concluded that under the facts of this case, the respondent did not violate the provisions of the FOI Act.

 

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

 

Docket #FIC 90-502                           Page 2

 

            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 90-502                           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 CORPORATION COUNSEL

c/o Gerald P. Dwyer, Esq.

Corporation Counsel

355 Main Street

West Haven, CT 06516

 

                                                         

                                    Tina C. Frappier

                                    Acting Clerk of the Commission