FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        FINAL DECISION

 

Steven Edelman,

 

                        Complainant

 

            against              Docket #FIC 94-202

 

Walter Pawelkiewicz, Windham First Selectman,

 

                        Respondents                 April 18, 1995

 

            The above-captioned matter was heard as a contested case on November 17, 1994 and January 9, 1995, at which times the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  This case was consolidated for hearing with docket numbers FIC 94-155, Marvin Edelman and Steven Edelman against Walter Pawelkiewicz, Windham First Selectman, and Donald Schultz, Windham Building Official; and FIC 94-207, Steven Edelman against Walter Pawlkiewicz, Windham First Selectman and Donald Schultz, Windham Building Official.

 

            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 three separate letters of complaint all filed June 20, 1994, the complainant appealed to the Commission, alleging that his requests for access to certain records had been denied.

 

            3.         It is found that the complainant made a June 3, 1994 request through the Windham town clerk for the minutes of the meeting during which the town agency responsible for appointing a building code board of appeals did so.

 

            4.         It is also found that the complainant made a June 7, 1994 request through the Windham town clerk for a list of the professional credentials of the persons serving on the town of Windham building code board of appeals, and for a list of the terms of office of those persons.

 

            5.         It is found that the respondent first selectman replied to the complainant by letter dated June 30, 1994, indicating that responding to the request would require research and the creation of records.

 

Docket #FIC 94-202                           Page 2

 

            6.         It is found that finding the requested minutes would require research not required by the Freedom of Information Act.

 

            7.         It is also found that the town building code board of appeals no longer exists.

 

            8.         It is concluded that the respondents did not violate 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 special meeting of April 18, 1995.

 

                                                                 

                                    Debra L. Rembowski

                                    Clerk of the Commission

 

Docket #FIC 94-202                           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:

STEVEN EDELMAN

Route 14

Windham Center, CT 06280

 

WALTER PAWELKIEWICZ, WINDHAM FIRST SELECTMAN

c/o Richard S. Cody, Esq.

Michelson, Kane, Royster & Barger, P.C.

93 Oak Street

Hartford, CT 06106-1552

 

                                                                 

                                    Debra L. Rembowski

                                    Clerk of the Commission