FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Steven C. Bennett,

 

                        Complainant

 

            against              Docket #FIC 93-209

 

Mary Ann Aversano, Chairman, Oxford Housing Authority and Carlton Atwater, Raymond Flanders, Shirley Ver Wayne, Robert Wilcox and Oxford

Housing Authority Board of Directors,

 

                        Respondents                 March 9, 1994

 

            The above-captioned matter was heard as a contested case on October 25, 1993, at which time only the complainant 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 respondents are public agencies within the meaning of 1-18a(a), G.S.

 

            2.  By letter dated July 19, 1993, the complainant requested of the respondent Aversano access to inspect or copy of records concerning the Oxford Elderly Housing Project 108-HE-197 ("project").  The complainant specifically requested the folowing records:

 

                        a.  inter-agency or intra-agency memoranda or letters, advisory opinions, recommendations or any report pertaining to the project including, but not limited to communications between the Oxford Housing Authority ("authority") and A. J. Palmieri, Architects & Associates, P.C. ("architects"), or the authority and NEAK Construction, or the authority and any other building contractors or public utilities or their agents;

 

                        b.  computer printouts of any data concerning the project, including but not limited to all monetary disbursements made in connection with the project;

 

Docket #FIC 93-209                           Page 2

 

                        c.  all records of inspection or investigation conducted concerning the project; and

 

                        d.  minutes of any meetings held by the authority at which the project was discussed.

 

            3.  Having failed to receive the requested records, the complainant appealed to the Commission by letter dated July 27, 1993 and filed with the Commission on July 30, 1993 and supplemented by letter dated August 11, 1993 and filed with the Commission on August 16, 1993, alleging that the respondents violated the Freedom of Information ("FOI") Act by denying him access to the requested records.

 

            4.  The complainant requested that the Commission issue civil penalties against the respondents.

 

            5.  Section 1-19(a), G.S., states that "except as provided by any federal law or state statute, all records maintained or kept on file by any public agency ... shall be public records and every person shall have the right to inspect such records promptly ... or to receive a copy of such records in accordance with the provisions of 1-15."

 

            6.  It is found that the respondents maintain records responsive to the complainant's records request.

 

            7.  It is therefore concluded that the requested records are public records within the meaning of 1-18a(d) and 1-19(a), G.S.

 

            8.  It is found that without reasonable grounds the respondents have failed to provide the complainant with access to the requested records in violation of 1-15 and 1-19(a), G.S.

 

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

 

            1.  The respondents shall forthwith provide the complainant with copies of the requested records.

 

Docket #FIC 93-209                           Page 3

 

            2.  The respondents shall within 30 days of the mailing of the notice of final decision in this matter remit to the Commission a civil penalty in the amount of $250.00.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of March 9, 1994.

 

                                                                 

                                    Elizabeth A. Leifert

                                    Acting Clerk of the Commission

 

Docket #FIC 93-209                           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:

Steven C. Bennett, Esq.

261 Bradley Street

New Haven, CT 06511

 

Ms. Mary Ann Aversano

Oxford Housing Authority; and 

Oxford Housing Authority Board of Directors

100 Stakum Circle

Oxford, CT 06478

 

                                                                 

                                    Elizabeth A. Leifert

                                    Acting Clerk of the Commission