FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Ellen K. Desjardins,

 

                        Complainant

 

            against              Docket #FIC 90-501

 

Montville Parks and Recreation Director,

 

                        Respondent                  June 12, 1991

 

            The above-captioned matter was heard as a contested case on April 11, 1991, at which time the complainant 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 November 20, 1990, the complainant delivered a letter to the office of the respondent requesting copies of inspection reports and to view pictures of a soccer field currently under construction at Camp Oakdale.

 

            3.  Also on November 20, 1990 the complainant made an oral  request to the respondent's secretary to see the respondent's tennis court file.

 

            4.  On November 29, 1990, the complainant was informed by the respondent's secretary that the respondent wanted to make an appointment for the complainant to review the tennis court file on November 30, 1990.

 

            5.  On November 30, 1990, the respondent provided the complainant with access to inspect the requested soccer field

 

Docket #FIC 90-501                           Page 2

 

pictures along with a letter dated November 29, 1990 from the respondent stating that the inspection reports for the soccer field had not arrived at his office and that the complainant could review the soccer field pictures on November 30, 1990.

 

            6.  The complainant informed the respondent that she had honored the respondent's request to inspect the tennis court file on November 30, 1990, to which the respondent then replied that she must put her request to review the tennis court file in writing.

 

            7.  By letter of complaint dated December 15, 1990 and filed on December 27, 1990, the complainant appealed to the Commission alleging that the respondent denied her access to inspect the tennis court file in violation of the Freedom of Information Act.

 

            8.  It is found that the complainant eventually did review the tennis court file on November 30, 1990 after speaking with the town clerk, the town attorney and the chairman of the town council who instructed the respondent to provide the complainant with the requested tennis court file.

 

            9.  It is found that the requested records are public records within the meaning of 1-18a(d), G.S.

 

            10.  It is concluded that the respondent violated 1-19(a), G.S., by failing to provide the complainant with prompt access to inspect the tennis court file on November 20, 1990.

 

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

 

            1. Henceforth the respondent shall strictly comply with the requirements of 1-19, G.S.

 

            2.  The Commission reminds the respondent that the records maintained by his office are kept for public access as well as for the use of the respondent's department and that accommodating requests for access to inspect or copy public records must be done promptly in accordance with 1-15 and 1-19(a), G.S.

 

            3.  The Commission notes that the respondent demanded that the complainant submit a written request to inspect the tennis court file, which was apparently overruled by other officials,

 

Docket #FIC 90-501                           Page 3

 

and the Commission wishes to remind the respondent that such a demand is not permitted under the terms of 1-19(a), G.S.

 

Approved by order of the Freedom of Information Commission at its regular meeting of June 12, 1991.

 

                                                         

                                    Karen J. Haggett

                                    Clerk of the Commission

 

Docket #FIC 90-501                           Page 4

 

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:

ELLEN K. DESJARDINS

513 Raymond Hill Road

Uncasville, CT  06382

 

MONTVILLE PARKS AND RECREATION DIRECTOR

310 Norwich-New London Turnpike

Uncasville, CT  06382

 

                                                         

                                    Karen J. Haggett

                                    Clerk of the Commission