FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Joseph Mastroianni,

 

                        Complainant

 

            against              Docket #FIC 91-378

 

Executive Director, Norwalk Redevelopment Agency,

 

                        Respondent                  October 14, 1992

 

            The above-captioned matter was heard as a contested case on June 12, 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.  By letters of request to the respondent dated October 15 and November 20, 1991, the complainant requested copies of: (1) all rehabilitation assistance application forms and financial records of zero percent loan applicants, and (2) any other documentation upon which the decision to grant the zero percent loan was based, for the past five years.

 

            2.  By letter of complaint filed with this Commission on December 10, 1991, the complainant alleged that the respondent failed to respond to, or comply with his request.

 

            3.  The respondent is a public agency within the meaning of 1-18a(a), G.S.

 

            4.  It is found that the respondent maintains zero percent loan recipient files that contain notes, correspondence, credit reports, memoranda and financial data.

 

            5.  It is found that in order to fairly determine each individual's eligibility for any loan given under the rehabilitation assistance program, the applicant must attach copies of his W-2 withholding form and copies of his most recent federal income tax return or social security statement.

 

            6.  It is found that the requested information is a public record within the meaning of 1-15(a) and 1-18a(d), G.S.

 

Docket #FIC 91-378                                      Page 2

 

            7.  It is found that approximately twelve individuals have received zero percent loans from the respondent under the rehabilitation assistance program during the last five years.

 

            8.  At the hearing the respondent offered to provide the complainant with the names and addresses of all zero percent loan recipients.

 

            9.  The complainant has declined any interest in the names, addresses or social security numbers of the zero percent loan holders.

 

            10.  It is found that the complainant's primary interest is in the financial data that was the basis for the decision to grant the zero percent loans.

 

            11.  It is found that to the extent the complainant is seeking an explanantion of the respondent's decision not to grant him a zero percent loan, this Commission has no authority to compel the respondent to answer questions.

 

            12.  It is found, however, that much of the financial data that the complainant is seeking is severable from both the federal income tax information, which is not publicly disclosable, and the personally identifiable information which is not desired by the complainant.

 

            13.  It is concluded that the respondent violated the disclosure provisions of 1-15(a) and 1-19(a), G.S., when he failed to provide the complainant with the information requested in a redacted form.

 

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

 

            1.  The respondent shall forthwith provide the complainant with copies of the requested records.  The respondent may redact, delete or otherwise mask all personally identifiable information, including, but not limited to, federal income tax (i.e., W-2 and form 1040) information.

 

            2.  Henceforth the respondent shall strictly comply with the open records provisions of Connecticut's Freedom of Information Act.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of October 14, 1992.

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission

 

Docket #FIC 91-378                                      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:

Joseph Masttroianni

c/o Attorney Louis Ciccarello

Lovejoy, Hefferan, Rimer & Cuneo

148 East Avenue

P.O. Box 390

Norwalk, CT 06852-0390

 

Executive Director, Norwalk Revevelopment Agency

c/o Attorney Vincent D. Flaherty

9 Mott Avenue, Suite 202

P.O. Box 229

Norwalk, CT 06852

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission