FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Norman Cormier,

 

                        Complainant

 

            against              Docket #FIC 92-308

 

Ellington Finance Officer,

 

                        Respondent                  June 11, 1993

 

            The above-captioned matter was heard as a contested case on March 29, 1993, 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.  It is found that on September 17, 1992, the complainant requested of the respondent copies of prior operating budgets from the town of Ellington to the respondent and prior annual reports from the respondent to the town of Ellington.

 

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

 

            4.  The respondent admitted at the hearing that it violated the provisions of 1-19(a), G.S., by failing to provide the complainant with prompt access to the records at issue.  Due to this admission, the complainant agreed to withdraw that portion of his complaint requesting the imposition of civil penalties against the respondent.

 

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

 

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

 

Approved by Order of the Freedom of Information Commission at its regular meeting of June 9, 1993.

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission

 

Docket #FIC 92-308                           Page 2

 

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:

Norman Cormier

c/o Atty. Brian S. Newman

707 Main Street

P. O. Box 1402

Manchester, CT 06045-1402

 

Ellington Finance Officer

c/o Atty. Atherton B. Ryan

DuBeau, Ryan & Boyan, P. C.

P. O. Box 568

Rockville, CT 06066

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission