FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Kenneth Dagliere,

 

                        Complainant

 

            against              Docket #FIC 91-197

 

Executive Director, East Haven Economic Development Commission,

 

                        Respondent                  March 25, 1992

 

            The above-captioned matter was heard as a contested case on October 4, 1991, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  This matter was consolidated for the purposes of hearing with Docket #FIC 91-192.

 

            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 of complaint filed July 18, 1991, the complainant appealed to the Commission, alleging that his request for certain records was denied.

 

            3.         It is found that the complainant by letter dated July 8, 1991 requested copies of records pertaining to the purchase of a car phone used by the respondent, the cancelled check for the phone, and any other related documents.

 

            4.         It is found that the respondent, by a letter dated August 13, 1990, provided records responsive to the complainant's request.

 

            5.         At the hearing, the parties stipulated that the only issue remaining between them was the timeliness of the respondent's response to the complainant's request.

 

            6.         It is concluded that the records described in paragraphs 3 and 4, above, are public records within the meaning of 1-18a(d) and 1-19(a), G.S.

 

            7.         It is concluded that the records described in paragraphs 3 and 4, above, were not provided promptly, in violation of 1-15 and 1-19(a), G.S.

 

Docket #FIC 91-197                                       Page 2

 

            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 1-15 and 1-19(a), G.S.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of March 25, 1992.

 

                                                                                         

                                                            Debra L. Rembowski

                                                            Acting Clerk of the Commission

 

Docket #FIC 91-197                                       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:

Kenneth Dagliere

c/o Attorney Alfred J. Cronk

P.O. Box 147

East Haven, CT 06512

 

Executive Director

East Haven Economic Development Commission

c/o Atty.Joseph E. Skelly, Jr.

Gesmonde, Pietrosimone, Sgrignari, Pinkus & Sachs

3127 Whitney Avenue

Hamden, CT 06518

 

                                                                                         

                                                            Debra L. Rembowski

                                                            Acting Clerk of the Commission