FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Edward A. Peruta,

 

                        Complainant

 

            against              Docket #FIC 92-234

 

O. Paul Shew, Rocky Hill Town Manager/Public Safety Director,

 

                        Respondent                  April 14, 1993

 

            The above-captioned matter was heard as a contested case on February 24, 1993, at which time the complainant and the respondent appeared 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 July 16, 1992, the complainant alleged that the respondent violated the provisions of the Freedom of Information Act on that date by failing to provide access to a public record promptly during regular office or business hours.  The complainant requested the imposition of a civil penalty against the respondent.

 

            3.  It is found that on the morning of July 16, 1992, the complainant requested to see a letter that was sent to chief Phillip Schnabel regarding the "retrieval" statements of Robert Riley and Dorothy Canfield.

 

            4.  It is found that the record identified in paragraph 3, above, is a public record within the meaning of 1-18a(d), G.S.

 

            5.  It is found that the respondent told the complainant to return to the respondent's office the next day for the above-referenced letter. 

 

            6.  At the hearing into this matter, the respondent failed to prove any business or other circumstances precluding the provision of the requested public record promptly on July 16, 1992.

 

Docket #FIC 92-234                           Page 2

 

            7.  It is concluded that under the facts of this case, the respondent violated the provisions of 1-19(a), G.S., by denying the complainant his right to inspect a public record promptly during regular office or business hours.

 

            8.  It is also concluded that the denial by the respondent of the complainant's right to prompt access in this case was without reasonable grounds within the meaning of 1-21i, G.S.

 

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

 

            1.  WIthin thirty days after the date of the notice of the final decision in this matter, the respondent shall remit to this Commission a civil penalty in the amount of seventy-five dollars ($75.00).

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of April 14, 1993.

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission

 

Docket #FIC 92-234                           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:

EDWARD A. PERUTA

P. O. Box 307

Rocky Hill, CT 06067

 

O. PAUL SHEW

c/o Atty. Curtis H. Roggi

Roggi & Stuhlman

1160 Silas Deane Highway

Wethersfield, CT 06109

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission