FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Linda Brooks and The Hour,

 

                        Complainants,

 

            against              Docket #FIC 92-318

 

State of Connecticut, Department of Economic Development

 

                        Respondent                  June 11, 1993

 

            The above-captioned matter was heard as a contested case on April 13, 1993, at which time the complainants 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.  By letter dated October 9, 1992, and filed with the Commission on October 13, 1992, the complainants appealed to the Commission alleging that the respondent department violated the Freedom of Information Act by failing to provide access to records concerning applications filed by companies for state grants.

 

            3.  Specifically, in their October 9, 1992 letter the complainants alleged that by letter dated September 21, 1992 they requested of the respondent access to records of applications made by companies for state grants, loans or loan guarantees since June 1, 1992.

 

            4.  It is found that the respondent denied the complainants' request for records of applications on September 25, 1992, claiming that the requested records were confidential.

 

            5.  At the hearing in this matter the respondent claimed further that the requested records are exempt from disclosure pursuant to 32-11a(k), G.S.

 

            6.  Section 32-11a(k), G.S., provides:

 

            "All information contained in any application for financial assistance submitted to the authority or the [respondent] department [of Economic Development], and all information obtained by the

 

Docket #FIC 92-318                               Page 2

 

            authority or the department with respect to any person or project, including all financial, credit and proprietary information, shall be exempt from the provisions of subsection (a) of section 1-19."

 

            7.  It is found that the information contained in the requested records as described in paragraphs 2 and 3, above, is information contained in applications for financial assistance submitted to the respondent within the meaning of 32-11a(k), G.S.

 

            8.  It is therefore concluded that the requested records are exempt from disclosure pursuant to 1-19(a) and 32-11a(k), G.S.

 

            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.

 

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 92-318                               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:

Linda Brooks and The Hour

c/o The Hour

346 Main Avenue

Norwalk, CT 06851

 

State of Connecticut, Department of Economic Development

c/o Asst. Atty. Gen. David H. Winn

55 Elm Street

P. O. Box 120

Hartford, CT 06141-0120

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission