FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
John Kulick,
Complainant
against Docket #FIC 91-356
West Hartford Town Manager, and Chief of Police, West Hartford, Police Department,
Respondents October 14, 1992
The above-captioned matter was heard as a contested case on May 7, 1992, at which time the complainant and the respondents, 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. By letter of request to the respondents dated November 8, 1991, the complainant identified himself as a "handicapped and indigent individual" and requested that a copy of the so-called "Scarlet Ledger" (hereinafter "ledger"), be provided to him with a waiver or reduction of the fee.
2. By letter of reply dated November 13, 1991, the respondents informed the complainant that: (1) the ledger was a 422 page document, and (2) he had failed to satisfactorily establish that he is indigent.
3. Specifically, the respondents informed the complainant that the documentation he submitted to support his claim of indigence: (1) a copy of an agreement between the complainant and the Town of Rocky Hill, and (2) a copy of his medical services identification card demonstrating eligibility for medicaid benefits for November, 1991, were unpersuasive.
4. The respondents invited the complainant to submit additional documentation to support his claim of indigence, including specific documents containing income information.
Docket #FIC 91-356 Page 2
5. It is found that the complainant failed to provide any additional documentation to the respondents.
6. By letter of complaint filed with this Commission on November 15, 1991, the complainant alleged that the respondents declined to provide him with a copy of the ledger with a waiver or reduction of the fee.
7. The respondents are public agencies within the meaning of 1-18a(a), G.S.
8. The ledger is a public record within the meaning of 1-15(a) and 1-18a(d), G.S.
9. The Commission takes administrative notice of the case files and Final Decisions in contested case docket #s FIC 89-163, Francis S. Rotella v. City Manager, City of Meriden, and 91-150, John Kulik v. Town of Rocky Hill.
10. Section 1-15(d)(1), G.S., permits a public agency to waive the statutory fee for copies of public records when the "...person requesting the records is an indigent individual...."
11. It is found that the standard for establishing one's eligibility for a waiver or reduction of the fees charged for copies of public records, is wholly within the discretion of the custodial public agency, as long as the standard is objective, fair and reasonable, and applied in a nondiscriminatory manner.
12. It is found that a public agency can use a sliding scale policy with respect to the assessment of fees for copies of public records, provided the policy is objectively and fairly applied, and supported by a verification of income or access to identified entitlement programs.
13. It is found that the Town of West Hartford (hereinafter "Town"), was not a party to the agreement reached in FIC 91-150, and therefore, the agreement is not binding upon the Town or the respondents.
14. At the hearing the respondents conceded that the Town currently has no written statement of any policy or standard for determining indigence.
15. It is found, however, that the respondents' reliance upon the federal government's established poverty levels for guidance in establishing a "working definition" of indigency was not shown to be subjective, unfair or unreasonable.
Docket #FIC 91-356 Page 3
16. At the hearing, and in their November 13, 1991 reply letter, the respondents expressed a concern that Edward Peruta, who appeared at the hearing on behalf of the complainant, was using the complainant to obtain a free copy of the ledger which the Town had declined to provide to Mr. Peruta free of charge.
17. It is found that the complainant and Mr. Peruta are affiliated with Rocky Hill Cable Television (hereinafter "RHCTV-32").
18. It is found that both the complainant and Mr. Peruta requested a free copy of the ledger in their capacitites as on-air personalities for RHCTV-32.
19. It is found that the record in this case supports the inference that Mr. Peruta attempted to use the complainant's "handicap" and claim of indigence to bypass the statutory fee provisions of 1-15, G.S.
20. It is therefore concluded that under the facts of this case, the complainant has failed to prove a violation of Connecticut's Freedom of Information Act, (hereinafter "FOIA").
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The complaint is hereby dismissed.
2. The Commission admonishes Mr. Peruta for attempting to use the complainant as a straw man to obtain copies of public records that the respondents would not provide to him free of charge.
3. The Commission reminds Mr. Peruta that: (1) its time and resources are precious, and (2) after considering all of the facts of a given case, where appropriate it will pierce the veil of one alleging indigence--to do otherwise is to allow a complainant to make a mockery of the Commission and the FOIA.
Approved by Order of the Freedom of Information Commission at its regular meeting of October 14, 1992.
Mitchell W. Pearlman
Acting Clerk of the Commission
Docket #FIC 91-356 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:
John Kulick
c/o Ed Peruta
37D Carillon Drive
Rocky Hill, CT 06067
West Hartford Town Manager
Chief of Police, West Hartford Police Department
c/o Patrick G. Alair
Assistant Corporation Counsel
50 South Main Street
West Hartford, CT 06107
Mitchell W. Pearlman
Acting Clerk of the Commission