FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
David Collins and The Day,
Complainants
against Docket #FIC 92-207
State of Connecticut,Division of Special Revenue and Mashantucket Pequot Tribe,
Respondents February 24, 1993
The above-captioned matter was heard as a contested case on December 16, 1992, at which time the complainants and the respondents appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint. At the hearing, the motion of the Mashantucket Pequot Tribe (the "Tribe") to be made a party was granted.
After consideration of the entire record, the following facts are found and conclusions of law are reached:
1. The respondent Division of Special Revenue (the "Division") is a public agency within the meaning of 1-18a(a), G.S.
2. By letter of complaint filed June 24, 1992, the complainants appealed to the Commission, alleging that the respondent Division failed to comply with their June 1, 1992 request for records maintained by the respondent concerning the Foxwoods High Stakes Bingo and Casino in Ledyard.
3. It is found that the complainants by letter dated June 1, 1992 requested from the Division any reports or documents relating to the revenues of the gaming operations at the casino.
4. It is found that the Division receives from the Tribe numerous financial records concerning the Tribe's operation of the casino, some every few weeks, some as often as daily.
5. It is concluded that the documents described in paragraph 4, above, are public records within the meaning of 1-18a(d) and 1-19(a), G.S., and are responsive to the complainants' request.
6. The respondents maintain that the requested records are permissibly exempt from discosure pursuant to 1-19(b)(5), G.S., which provides that disclosure is not required of "commercial or financial information given in confidence, not required by statute."
Docket #FIC 92-207 Page 2
7. It is found that the requested records constitute financial information.
8. It is found that the requested records are not required by statute.
9. It is found that the requested records are given in confidence by the Tribe to the Division.
10. It is concluded that the requested records are permissibly exempt from disclosure pursuant to 1-19(b)(5), G.S.
11. The respondents additionally maintain that the requested records are exempt under 1-19(a) and 1-19(b)(10), G.S., because of superseding federal law.
12. Section 1-19(a), G.S., provides that disclosure is not required if "otherwise provided by any federal law."
13. Section 1-19(b)(10), G.S., provides that disclosure shall not be required of "reports and statements exempted by federal law."
14. Having concluded that the requested records are permissibly exempt from disclosure pursuant to 1-19(b)(5), G.S., the Commission concludes that it is unnecessary in this case to address the respondents' additional claims of exemption.
15. It is concluded that the respondent Division did not violate 1-15 or 1-19, G.S., by refusing to disclose the requested records.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. The complaint is dismissed.
Approved by Order of the Freedom of Information Commission at its regular meeting of February 24, 1993.
Debra L. Rembowski
Acting Clerk of the Commission
Docket #FIC 92-207 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:
David Collins
The Day
47 Eugene O'Neill Drive
New London, CT 06320
State of Connecticut, Division of Special Revenue
c/o Asst. Atty. Gen. Richard M. Sheridan
110 Sherman Street
Hartford, CT 06105
Mashantucket Pequot Tribe
c/o Atty. Jackson T. King, Jr.
Brown, Jacobson, Tillinghast
22 Courthouse Square
Norwich, CT 06360
Debra L. Rembowski
Acting Clerk of the Commission