FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Edward A. Peruta,
Complainant
against Docket #FIC 93-273
O. Paul Shew, Rocky Hill Town Manager,
Respondent April 13, 1994
The above-captioned matter was heard as a contested case on January 20, 1994, 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 October 4, 1993, the complainant alleged that the respondent failed to grant him prompt access to all legal opinions rendered to the town of Rocky Hill since January 1, 1990, and that he requested such access during the period of September 17, 1993 through October 1, 1993. The complainant asked for the imposition of civil penalties against the respondent.
3. It is found that the records identified in paragraph 2, above, are public records within the meaning of 1-18a(d), G.S.
4. This Commission takes administrative notice of the record and final decision in contested case docket #FIC 92-234 in which the respondent Rocky Hill town manager was issued a civil penalty for having failed to grant to Mr. Peruta prompt access to public records without reasonable grounds within the meaning of 1-21i, G.S.
5. It is found that the respondent was out of town for five days when the complainant made his request identified in paragraph 2, above, and that the respondent's assistant informed the complainant that the requested records were not available without a written authorization by the respondent. At that time the complainant also requested copies of the records at issue.
6. It is also found that the respondent's assistant
Docket #FIC 93-273 Page 2
contacted the town attorney's office to inquire about the availability of the requested records.
7. It is also found that attorney Stohlman of the town attorney's office declined to accommodate the complainant's request at that time.
8. It is found that finally in December, 1993, the complainant was given copies of the requested records in this case.
9. It is concluded that the respondent violated the promptness provisions of 1-19(a), G.S., under the facts of this case.
10. This Commission takes administrative notice that on May 4, 1993, a workshop on the provisions of the FOI Act was conducted by the staff of this Commission for the benefit of the town of Rocky Hill, which workshop was attended by the respondent.
11. It is also concluded that the respondent's denial of prompt access under the facts of this case was without reasonable grounds within the meaning of 1-21i, G.S.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint.
1. The respondent shall remit to this Commission a civil penalty in the amount of $75.00 within thirty days of the mailing of the final decision in this case.
Approved by Order of the Freedom of Information Commission at its regular meeting of April 13, 1994.
Elizabeth A. Leifert
Acting Clerk of the Commission
Docket #FIC 93-273 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. Edward A. Peruta
38 Parish Road
Rocky Hill, CT 06067
O. Paul Shew, Rocky Hill Town Manager
c/o Stephen Morelli, Esq.
Curtis Roggi, Esq.
2080 Silas Deane Highway
Rocky Hill, CT 06067
Elizabeth A. Leifert
Acting Clerk of the Commission