FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Margaret Catalano,
Complainant
against Docket #FIC 91-177
Middletown Building Department,
Respondent December 11, 1991
The above-captioned matter was heard as a contested case on September 26, 1991, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. Docket #FIC 91-125, Margaret Catalano v. Middletown Department of Health, was consolidated for hearing with the above-captioned matter.
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 dated April 26, 1991 (hereinafter "April letter"), the complainant requested that the respondent provide her with copies of any complaints concerning her property.
3. By letter postmarked May 30, 1991 and filed with the Commission on May 31, 1991, the complainant alleged a failure of the respondent to respond to and comply with her document request.
4. It is found that the requested documents are public records within the meaning of 1-18a(d), G.S.
5. At the hearing on this matter, the parties stipulated to the fact that the complainant was also seeking the name of the individual who complained to the respondent about her property.
6. It is found that the respondent's action concerning the complainant's property is not the result of a civilian complaint.
Docket #FIC 91-177 Page 2
7. It is found that the respondent's enforcement action concerning the complainant's property resulted from a referral by the city's health department during the course of its investigation of a complaint about the complainant's property.
8. It is found that during the course of the health department's investigation of the complainant's property it discovered structural deficiencies that it reported to the respondent.
9. Under the facts of this case, it is found that the respondent should have informed the complainant that its enforcement action resulted solely from a referral by the city's health department.
10. At the hearing on this matter the respondent provided the complainant with copies of a March 22, 1985 building permit for renovations to the front porch of property located at 144 Grand Street, and an April 3, 1991 "Notice of Unsafe Building--Repair."
11. It is found that the documents provided to the complainant at the hearing are the only documents in the respondent's files relating to the complainant's property.
12. It is concluded that by failing to promptly respond to the complainant's April letter the respondent violated 1-15, G.S.
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 provisions of 1-15 and 1-19, G.S.
2. The Commission notes that in the interest of good government and the spirit of Connecticut's Freedom of Information Act, if the respondent determines that it will not or cannot comply with a request for records, then it should promptly inform the requester.
Approved by Order of the Freedom of Information Commission at its regular meeting of December 11, 1991.
Debra L. Rembowski
Acting Clerk of the Commission
Docket #FIC 91-177 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:
Margaret Catalano
144 Grand Street
Middletown, CT 06457
Middletown Building Department
c/o Attorney Timothy P. Lynch
City Attorney's Office
Middletown, CT 06457
Debra L. Rembowski
Acting Clerk of the Commission