FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Steven Paletsky and Andrew Anderson,

 

                        Complainants

 

            against              Docket #FIC 93-45

 

Harold Maddocks, Morris Assessor,

 

                        Respondent                  October 13, 1993

 

            The above-captioned matter was heard as a contested case on July 28, 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 of complaint filed February 23, 1993, the complainants appealed to the Commission, alleging that their February 19, 20 and 22 requests for copies of certain documents had not been promptly met.

 

            3.         It is found that the complainant Anderson visited the respondent's office on Friday afternoon, February 19, 1993 to obtain a copy of his "street card."

 

            4.         It is found that the assessor's office was not open when Anderson made his first visit.

 

            5.         It is found that the first selectman's secretary offered to make the copy, but was unable to find the card.

 

            6.         It is found that the complainant Paletsky also visited the respondent's office on Friday afternoon, February 19, 1993, and requested from the first selectman's secretary copies of about 38 street cards.

 

            7.         It is found that the first selectman's secretary made a list of the documents to be retrieved and copied, and directed the complainants to return on Saturday, when the respondent would be in the office.

 

Docket #FIC 93-45                             Page 2

 

            8.         It is found that the respondent did not have time to retrieve and make copies of the cards on Saturday February 20, 1993.

 

            9.         It is found that the respondent and the first selectman's secretary spent between two and four hours locating the relevant properties in his index, retrieving the cards, unstapling the cards from other materials, copying the cards, and restapling the cards.

 

            10.       It is found that the respondent and the first selectman's secretary began making the requested copies first thing on Monday morning, February 22, and that the copies were ready before noon.

 

            11.       It is found that the complainants did not communicate to the respondent that the copies were needed on an emergency basis.

 

            12.       At the request of the complainants, the Commission takes administrative notice of its record and final decision in Gary J. Swingle against Morris Assessor, contested case Docket #FIC 92-23.

 

            13.       It is found that the Commission found the respondent in Docket #FIC 92-23 failed to provide copies of street cards promptly upon request, due to his unwillingness to permit other town employees to have access to the records.

 

            14.       It is found that, in the present case, the first selectman's secretary had access to the requested street cards, although she was initially unable to find the complainant Anderson's card.

 

            15.       It is concluded under the circumstances of this case that the respondent promptly provided copies of the requested documents.

 

            16.       The day before the hearing in this matter, the respondent filed with the Commission a request that a civil penalty pursuant to 1-21i(b) be imposed against the complainants.

 

            17.       The Commission in its discretion declines to impose a civil penalty against the complainants.

 

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

 

Docket #FIC 93-45                             Page 3

 

            1.         The complaint is dismissed.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of October 13, 1993.

 

Mitchell Pearlman

                               Acting Clerk of the Commission

 

Docket #FIC 93-45                             Page 4

 

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:

Andrew Anderson

P.O. Box 298

Morris, CT 06763

 

Steven Paletsky

P.O. Box P

Morris, CT 06763

 

HAROLD MADDOCKS, MORRIS ASSESSOR

c/o Michael D. Rybak, Esq.

93 West Street

P.O. Box 338

Litchfield, CT 06759-0338

 

Mitchell Pearlman

                                   Acting Clerk of the Commission