FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by Final Decision

Jo Ann Callegari,

Complainant

against Docket #FIC 92-2

West Haven Democratic Registrar of Voters,

Respondent August 12, 1992

The above-captioned matter was heard as a contested case on July 13, 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 filed with this Commission on January 3, 1992, the complainant alleged that the respondent violated the provisions of the FOI Act by permitting the removal of redistricting maps from the respondent's office as well as the marking and altering of these maps by an employee of the respondent.

3. It is found that the redistricting maps identified in paragraph 2, above, are public records within the meaning of 1-18a(d), G.S.

4. It is found that at the close of business on Friday December 20, 1991, the Democratic town chairman removed the maps at issue from the office of the West Haven registrar of voters.

5. It is also found that the Democratic town chairman had intended to return those maps prior to the opening of business at 9:00 a.m. on Monday December 23, 1991 at the office of the West Haven registrar of voters, but he was delayed in so doing until approximately 4:30 p.m.

6. It is concluded that the respondent's failure to have the records at issue available for public inspection during regular business hours on Monday December 23, 1991 is a violation of 1-19(a), G.S.

Docket #FIC 92-2 Page 2

7. It is also found that the alleged marking and altering of the maps at issue were actually corrections made by an employee of the respondent in accordance with direction from their issuing authority.

8. It is concluded that under the facts of this case, 1-21k(a), G.S., is inapplicable.

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

1. The respondent shall henceforth strictly comply with the provisions of 1-19(a), G.S.

2. That portion of the complaint concerning 1-21k(a), G.S., is hereby dismissed.

Approved by Order of the Freedom of Information Commission at its regular meeting of August 12, 1992.

Debra L. Rembowski

Acting Clerk of the Commission

Docket #FIC 92-2 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:

Jo Ann Callegari

129 Church Street

Room 715

New Haven, CT 06510

West Haven Democratic Registrar of Voters

c/o Attorney Henry C. Szadkowski

West Haven Corporation Counsel

355 Main Street

West Haven, CT 06516

Debra L. Rembowski

Acting Clerk of the Commission