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 94-100

 

Chief, Westport Fire Department,

 

                        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 cases docket numbers FIC 94-190 and FIC 94-130.

 

            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 March 30, 1994, the complainant alleged that the respondent violated the provisions of the Freedom of Information ("FOI") Act by denying him access to a document regarding the then current budget process.

 

            3.  It is found that by letter dated March 3, 1994, the complainant requested of the respondent all written correspondence between the respondent and the first selectman regarding the current budget process.

 

            4.  It is found that in response to the complainant's request, the respondent supplied to him a memorandum dated February 3, 1994 and a letter dated February 9, 1994.  It is also found that the respondent failed to release other relevant correspondence referenced in the February 9, 1994 letter.

 

            5.  It is found that all correspondence between the respondent and the first selectman regarding the budget process consist of public records within the meaning of 1-18a(d), G.S.

 

            6.  It is found that the complainant renewed his request for the correspondence referenced in the February 9, 1994 letter identified in paragraph 4, above.

 

Docket #FIC 94-100                           Page 2

 

            7.  At the hearing into this matter, the respondent claimed that the document at issue is no longer in his hands, and so no order of disclosure by this Commission can be effective.

 

            8.  It is concluded that the respondent's failure to disclose all correspondence referenced in the February 9, 1994 letter to Chief Gough from the first selectman constitutes a violation of 1-15(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 respondent shall forthwith request from the town attorney and the first selectman a copy of all correspondence referenced in the February 9, 1994 letter to Chief Gough from the first selectman.  He shall then forward his letters of request along with all manner of response to the complainant.

 

            2.  Henceforth the respondent shall act in strict compliance with the provisions of 1-15(a), G.S.

 

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 94-100                           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

 

CHIEF, WESTPORT FIRE DEPARTMENT

c/o Andrew F. Fink, Esq.

257 Riverside Avenue

Westport, CT 06880

 

                                                                 

                                    Debra L. Rembowski

                                    Clerk of the Commission