FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION

Fred S. Baker,

Complainant

against Docket #FIC 93-230

Westport First Selectman,

Respondent December 14, 1994

The above-captioned matter was heard as a contested case on September 13, 1994, at which time the complainant and the respondent appeared and presented testimony, exhibits and argument on the complaint. This matter was consolidated for hearing with contested case docket numbers FIC 94-100 and FIC 94-190.

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 July 15, 1994, the complainant alleged that the respondent violated the provisions of the Freedom of Information ("FOI") Act by denying his June 8, 1994 records request.

3. It is found that by letter dated June 8, 1994, and again on June 21, 1994, the complainant requested of the respondent a copy of the letter or memorandum to Assistant Chief Joseph Valiante from the first selectman dated approximately December 1993 assigning Assistant Chief Valiante to be acting chief due to the retirement of Chief McGuire.

4. It is found that the respondent received no response to his June 8, 1994 request, but that by letter dated June 30, 1994 the respondent denied his request claiming that no such official memorandum was ever sent to Assistant Chief Valiante.

5. It is found that the complainant was told by Chief Gough, Assistant Chief McCarthy, and another town employee that such a memorandum was in existence.

6. At the hearing into this matter the respondent claimed that the only memorandum one time in existence was an "unofficial" one that was written as a joke between friends, and

Docket #FIC 94-230 Page 2

that it was never intended to become an official Westport document.

7. The record at issue written by the respondent is a public record within the meaning of 1-18a(d), G.S.

8. It is concluded that the respondent violated the provisions of 1-15(a), G.S., by failing to promptly provide to the complainant a copy of the record at issue.

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

1. The respondent shall forthwith make a complete search of his files and computer data base for the letter identified in paragraphs 3 and 6 of the findings, above. He shall also make written inquiries to the current fire chief as well as of Mr. Valiante for any copy that may be in the possission of either individual. The respondent shall then supply the record to the complainant or submit to him a notarized affidavit outlining his unsuccessful search efforts, if the search in in fact unsuccessful.

Approved by Order of the Freedom of Information Commission at its regular meeting of December 14, 1994.

Debra L. Rembowski

Clerk of the Commission

Docket #FIC 94-230 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:

FRED S. BAKER

31 Apple Lane

Redding, CT 06896

WESTPORT FIRST SELECTMAN

c/o Andrew F. Fink, Esq.

257 Riverside Avenue

Westport, CT 06880

Debra L. Rembowski

Clerk of the Commission