FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
James Ralph Stomboli,
Complainant
against Docket #FIC 93-112
East Haven Director of Finance,
Respondent October 27, 1993
The above-captioned matter was heard as a contested case on August 5, 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 "affidavit of complaint" dated April 21, 1993 and filed April 23, 1993, the complainant appealed to the Commission alleging that on April 16 and 19, 1993, the respondent required him to put his request to inspect certain vendor files in writing, in violation of the Freedom of Information ("FOI") Act.
3. It is found that on Friday April 16, 1993, the complainant visited the respondent's office for the purpose of inspecting certain vendor files maintained by the respondent and was told by the respondent that he should put his request in writing; the complainant did not put his request in writing at that time. Later that afternoon, the complainant returned to the respondent's office to discuss the respondent's policy concerning requests for access to records but the respondent was not in her office at that time.
4. It is also found that the complainant returned again to the respondent's office on the morning of Monday, April 19, 1993 with a written request to inspect a total of six vendor files.
5. It is also found that the complainant was granted access to inspect the requested vendor files during the afternoon of April 19, 1993.
Docket #FIC 93-112 Page 2
6. It is also found that it is the respondent's policy to require that all requests for information, whether to obtain copies of or to inspect public records, must be put in writing. The respondent maintains that the policy helps her to respond accurately to requests from members of the public and that it is necessary due to the fact that some of the records need to be reviewed prior to granting access because of their complexity and because they contain confidential information.
7. Section 1-19(a), G.S., provides in relevant part:
"...all records maintained or kept on file by a public agency...shall be public records and every person shall have the right to inspect such records promptly during regular office or business hours...."
8. It is found that although the respondent does not use the policy described in paragraph 6, above, to make access to public records difficult, 1-19(a), G.S., does not permit a public agency to require a written request to inspect public records; and it is therefore concluded that the respondent violated the terms of that provision by demanding that the complainant submit a written request to inspect the subject vendor files.
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 requirements of 1-19(a), G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of October 27, 1993.
Elizabeth A. Leifert
Acting Clerk of the Commission
Docket #FIC 93-112 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:
Mr. James Ralph Stomboli
17 Clancy Street
East Haven, CT 06512-1312
East Haven Director of Finance
c/o Michael A. Albis, Esq.
Albis & Pellegrino
58 Edward Street
East Haven, CT 06512
Elizabeth A. Leifert
Acting Clerk of the Commission