FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Eleanor Corciullo,

 

                                Complainant

 

                against                   Docket #FIC 94-391

 

Ryk Nelson, Cromwell First Selectman,

 

                                Respondent                          July 26, 1995

 

                The above-captioned matter was heard as a contested case on June 20, 1995, 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 November 2, 1994, the complainant alleged that the respondent violated the provisions of the Freedom of Information ("FOI") Act by denying her prompt access to copies of certain public records.

 

                3.  It is found that on October 17, 1994, the complainant arrived at the Cromwell Town Hall for a copy of a certain purchase order and check for a town police cruiser.

 

                4.  The record identified in paragraph 3, above, is a public record within the meaning of 1-18a(d), G.S.

 

                5.  It is found that the respondent did not care to accommodate the complainant's time frame and at that time believed he had ten days within which to respond to the complainant's request.

 

                6.  It is found that although the complainant carried with her to town hall a written request for copies of the requested records, she was never asked to produce a writing and was in fact informed, before ever attempting to produce her written request, that her request would not be accommodated on October 17, 1994.

 

                7.  It is also found that the respondent failed to

 

Docket #FIC 94-391                                             Page 2

 

establish any business or other circumstances to preclude the provision of the requested public records promptly on October 17, 1994.

 

                8.  This Commission takes administrative notice of the final decision in contested case docket #FIC 92-234.

 

                9.  It is concluded that under the facts of this case, the respondent violated the provisions of 1-15(a), G.S., by denying the complainant her right to receive copies of public records promptly upon request.

 

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

 

                1.  Henceforth the respondent shall strictly comply with the provisions of 1-15(a), G.S.

 

                2.  Within thirty days of the mailing of the final decision in this case, the respondent shall contact the staff of this Commission to schedule an informational workshop to be conducted for his benefit and that of other invited town officials.

 

                3.  The Commission in its discretion declines to impose civil penalties in this case but cautions the respondent that continued violations of the provisions of the FOI Act subjects him to civil penalties in the amount of up to $1,000.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of July 26, 1995.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 94-391                                             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:

Ms. Eleanor Corciullo

23 Glenwood Terrace

Cromwell, CT 06416

 

Ryk Nelson, Cromwell First Selectman

c/o Mark K. Branse, Esq.

124 Hebron Avenue

Glastonbury, CT 06033-2063

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission