FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint by Final Decision
Edward A. Peruta,
Complainant
against Docket #FIC 94-398
O. Paul Shew, Rocky Hill Town Manager,
Respondent September 13, 1995
The above-captioned matter was heard as a contested case on June 14, 1995, at which time the complainant and counsel for the respondent appeared, stipulated to certain facts and presented testimony 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. It is found that on October 24, 1994, the complainant made a written request to the respondent for a certified copy of a 1988 agreement entered into between the Town of Rocky Hill and the complainant, referred to as "the Peruta v. Pianka agreement", (hereinafter "the agreement").
3. Having failed to receive access to a certified copy of the agreement, the complainant by letter dated and filed with the Commission on November 7, 1994 appealed to the Commission alleging that the respondent violated the Freedom of Information ("FOI") Act by denying him access to the requested certified record. The complainant requests that a civil penalty of One Thousand Dollars ($1000.00) be imposed upon the respondent.
4. It is found that the agreement is a public record within the meaning of 1-18a(d), G.S.
5. It is found that the respondent failed to provide the complainant with access to the requested certified agreement within four business days of his October 24, 1994 request.
6. It is concluded that pursuant to the provisions of 1-21i(a), G.S., the complainant's request was deemed denied on October 31, 1994.
Docket #FIC 94-398 Page 2
7. Section 1-15(a), G.S., provides in relevant part that:
[A]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record.
8. It is found that prior to the hearing into this matter and sometime within one week after the complainant filed his appeal with this Commission, the respondent provided the complainant with the requested certified copy of the agreement.
9. Consequently, the issue before the Commission is whether the respondent provided the complainant with prompt access as required by 1-15(a) and 1-19(a), G.S.
10. The respondent's counsel claims that the respondent failed to provide the complainant with the certified copy of the agreement earlier than he did because he [the respondent] was unclear and confused as to whether he could himself certify the agreement and the procedure in general of how to certify a record.
11. It is found that the provision of access to the requested certified copy of the agreement approximately three weeks after the request was made was not prompt within the meaning of 1-15(a) and 1-19(a), G.S.
12. It is therefore concluded that the respondent violated 1-15(a) and 1-19(a), G.S.
13. In addition, it is found that the respondent's denial of prompt access was without reasonable grounds.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. A civil penalty in the amount of $75.00 is hereby imposed upon the respondent.
2. Henceforth the respondent shall strictly comply with the requirements of 1-15(a) and 1-19(a), G.S.
Approved by Order of the Freedom of Information Commission at its regular meeting of September 13, 1995.
Elizabeth A. Leifert
Acting Clerk of the Commission
Docket #FIC 94-398 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:
Edward A. Peruta
38 Parish Drive
Rocky Hill, CT 06067
O. Paul Shew, Rocky Hill Town Manager
c/o Curtis Roggi, Esq.
2080 Silas Deane Highway
Rocky Hill, CT 06067
Elizabeth A. Leifert
Acting Clerk of the Commission