FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Walter D. Miller,

 

                        Complainant

 

            against              Docket #FIC 91-327

 

State Building Inspector, State Codes and Standards Committee, State of Connecticut Department of Public Safety,

 

                        Respondent                  June 10, 1992

 

            The above-captioned matter was heard as a contested case on March 27, 1992, 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.         By letter of complaint filed October 2, 1991, the complainant appealed to the Commission, alleging that his request for certain records had been denied.

 

            3.         It is found that the complainant by letter dated September 6, 1991 requested from the respondent a copy of the portion of an individual's application to the respondent for classification or license as a municipal building inspector.

 

            4.         Specifically, it is found that the complainant only sought the portion of the application that pertained to the applicant's past work, business or professional experience, and did not seek any information not related to the applicant's qualifications.

 

            5.         It is concluded that the requested record is a public record within the meaning of 1-18a(d) and 1-19(a), G.S.

 

            6.         It is found that the respondent failed to provide the complainant with the requested record until the hearing on this matter.

 

            7.         At the hearing on this matter, the respondent agreed to provide forthwith the requested records, with the applicant's social security number deleted, and the complainant agreed to withdraw the complaint.

 

Docket #FIC 91-327                           Page 2

 

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

 

            1.         The Commission notes that a prompt response to the complainant's request would have saved the complainant the necessity of attending an unnecessary hearing on this matter and conserved the already overtaxed resources of two state agencies.  The Commission advises the respondent to respond to such requests expeditiously in the future.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of June 10, 1992.

 

                                                                 

                                    Karen J.Haggett

                                    Clerk of the Commission

 

Docket #FIC 91-327                           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:

Walter D. Miller

355 St. Cahterine Street

Winsted, CT  06098

 

Martin Rosenfeld, Esq.

Assistant Attorney General

MacKenzie Hall

110 Sherman Street

Hartford, CT 06105

 

                                                                 

                                    Karen J.Haggett

                                    Clerk of the Commission