FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by FINAL DECISION
Barbara J. Coxum,
Complainant
against Docket
#FIC 94-85
Lillian D. Clayman, Mayor,
Town of Hamden; Leslie Balch, Director
of Health, Quinnipiack Valley
Health District; David Barboza, Housing
Code Enforcement Officer; and
Maryellen P. Avery, Program Manager,
Hamden Office of Housing and
Community Development,
Respondents February 8, 1995
The above-captioned matter was heard as a contested
case on July 28, 1994, at which time the complainant and the respondents
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
respondents are public agencies within the meaning of 1-18a(a), G.S.
2. By
letter of complaint filed March 23, 1994, the complainant appealed to the
Commission, alleging that her March 16, February 23 and March 14, 1994 requests
for information from the respondents had been denied, and requesting that the
Commission impose civil penalties against the respondents.
3. By
additional letter of complaint filed March 23, 1994, the complainant again
appealed to the Commission, alleging that her March 15, 1994 request for
information from the respondent office of housing and community development had
also been denied.
4. It
is found that the complainant by letter dated February 23, 1994 requested from
the respondent director of health a copy of any and all records on file as a
result of a fire that occurred in 1975 at the complainant's property, as well
as a copy of any policies and procedures for enforcing housing code violations
in effect at the time as well as currently.
Docket #FIC 94-85 Page
2
5. It
is found that the complainant by letter dated March 14, 1994 requested from the
respondent housing code enforcement officer the opportunity to inspect and copy
all records pertaining to a condemnation notice issued in 1975.
6. It
is found that the complainant by letter dated March 16, 1994 requested from the
respondent Mayor an opportunity to copy and inspect any information regarding a
condemnation notice or proceeding by the Hamden health department concerning
the condemnation notice.
7. It
is found that the complainant by letter dated March 15, 1994 requested from the
respondent office of housing and community development copies of any and all
reports pertaining to her application for residential rehabilitation
assistance.
8. It
is found that the complainant applied for and was denied rehabilitation
assistance for her property by the Hamden office of housing and community
development.
9. It
is found that the denial was based in part upon health code violations and a
condemnation order issued in 1976 (when the property was damaged by fire while
it was owned by someone else), some of which violations apparently remained
uncorrected at the time of her rehabilitation assistance application.
10. It
is found that the complainant sought records from the various respondents in
connection with her efforts to obtain rehabilitation assistance.
11. It
is also found that most of the disputes between the complainant and the various
respondents concern issues of whether certain rehabilitation application
procedures were performed correctly--for example, whether the property was
inspected, and whether paperwork concerning the costs of repairing the property
was or should have been completed.
12. With
respect to the complaint against the respondent mayor, it is found that mayor's
office has no records that are responsive to the complainant's request.
13. With
respect to the complaint against the Quinnipiack Valley Health District, it is
found that that respondent has no records that are responsive to the
complainant's request (although some records may be archived with a predecessor
agency, as that respondent informed the complainant).
14. With
respect to the complaint against the housing code enforcement officer, it is
found that that respondent promptly provided all documents in his custody that
are responsive to the complainant's request.
Docket #FIC 94-85 Page
2
15. With
respect to the complaint against the office of housing and community
development, it is found that the complainant was promptly given an opporunity
to inspect and copy all relevant records.
16. It
is concluded that none of the respondents violated the Freedom of Information
Act.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint:
1. The
complaint is dismissed.
Approved by Order of the
Freedom of Information Commission at its regular meeting of February 8, 1995.
Debra L. Rembowski
Clerk of the
Commission
Docket #FIC 94-85 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:
BARBARA J. COXUM
257 Goodrich Street
Hamden, CT 06517
LILLIAN D. CLAYMAN, MAYOR,
TOWN OF HAMDEN
c/o Richard E. Gitlen, Esq.
Assistant Town Attoreny
2372 Whitney Avenue
Hamden, CT 06518
LESLIE BALCH, DIRECTOR OF
HEALTH, QUINNIPIACK VALLEY HEALTH DISTRICT
1141 Dixwell Avenue
Hamden, CT 06514
DAVID BARBOZA, HOUSING CODE
ENFORCEMENT OFFICER; AND MARYELLEN P. AVERY, PROGRAM MANAGER, HAMDEN OFFICE OF
HOUSING AND COMMUNITY DEVELOPMENT
11 Pine Street
Hamden, CT 06514
Debra L. Rembowski
Clerk of the
Commission