FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Susan G. Kniep,
Complainant
against Docket #FIC 93-120
Chairman, East Hartford Town Council,
Respondent October 13, 1993
The above-captioned matter was heard as a contested case on August 13, 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. By memorandum dated April 14, 1993, the complainant requested from the respondent "a copy of any and all bylaws, policies, rules, regulations, etc. as adopted by the [East Hartford] Town Council which define 'citizens' as noted by your Town Council agendas...." (hereinafter "April 14 request").
3. By letter of complaint dated April 26, 1993, the complainant appealed to this Commission alleging that the respondent failed to respond to her April 14 request.
4. It is found that the respondent did not respond to the complainant's April 14 request, either orally or in writing.
5. At the hearing on this matter, the respondent maintained that there are no records responsive to the complainant's April 14 request and that she believed the complainant, who is also the Mayor of the Town of East Hartford, knew that to be the case.
6. It is found that although there are no records responsive to the complainant's request, the respondent had an obligation under 1-21i(a), G.S., to respond in writing to the
Docket #FIC 93-120 Page 2
complainant's April 14 request within four business days.
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 1-21i(a), G.S., with respect to responding to requests for copies of public records.
2. The Commission notes that this complaint appears to simply be the result of the parties' failure to communicate with each other. In keeping with the spirit and intent of the Freedom of Information Act, the Commission strongly encourages the parties to attempt to fairly communicate with each other to avoid unnecessary future disputes and complaints brought before this Commission.
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 93-120 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 CARE ARE:
Susan G. Kniep
Mayor, Town of East Hartford
740 Main Street
East Hartford, CT 06108
Carol Guy, Chairman
East Hartford Town Council
740 Main Street
East Hartford, CT 06108
Mitchell Pearlman
Acting Clerk of the Commission