FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Arnold Weitzman,

 

                        Complainant

 

            against              Docket #FIC 93-61

 

Commissioner, State of Connecticut Department of Consumer Protection,

 

                        Respondent                  September 8, 1993

 

            The above-captioned matter was heard as a contested case on July 15, 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 of complaint filed with this Commission on March 8, 1993, the complainant alleged that the respondent violated the provisions of the Freedom of Information ("FOI") Act by failing to make certain data available to him.

 

            3.  It is found that by letter dated February 15, 1993, the complainant requested of the respondent essentially the following information: a) what action the respondent's department  undertook to ensure that Davis Surveying and Engineering/Charles Davis was complying with the requirements of the department's October 29, 1991 notification letter, b) when the department knew that the resident land surveyor hired by Charles Davis did not accept the position, and c) a copy of Mr. Davis' original application for the licensing exam for land surveyors and any addendum he may have submitted.

 

            4.  At the hearing into this matter, the complainant withdrew that portion of his complaint concerning his request as identified in paragraph 3 c), above.

 

            5.  It is found that the respondent has no written records responsive to his requests for information identified in paragraphs 3 a) and b), Above.

 

            6.  It is accordingly concluded that under the facts of

 

Docket #FIC 93-61                             Page 2

 

this case, the respondent is not in violation of the provisions of the FOI Act.

 

            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 September 8, 1993.

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission

 

Docket #FIC 93-61                             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:

 

Arnold Weitzman

8 Valley View Drive

East Granby, CT 06026

 

Commissioner, State of Connecticut, Department of Consumer Protection

c/o Atty. Neil G. Fishman, Asst. Atty. Gen.

110 Sherman Street

Hartford, CT 06105

 

                                                                 

                                    Debra L. Rembowski

                                    Acting Clerk of the Commission