FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Robert Fromer,
Complainant
against Docket
#FIC 95-8
New London Director of Law,
Respondent October 25, 1995
The above-captioned matter was heard as a contested
case on August 14, 1995, at which time the complainant and the respondent
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
Commission takes administrative notice of the record and decisions in contested
cases docket #FIC 92-71, Robert Fromer v. New London Director of Law, aff'd,
Londregan v. FOIC, Memo. of Dec. No. CV930526105 S, July 13, 1994, Teller, J.,
and #FIC 93-55, Robert Fromer v. New London Director of Law, aff'd in part,
Londregan v. FOIC, Memo. of Dec. No. CV940529345 S, July 13, 1994, Teller, J.
2. The
respondent is a public agency within the meaning of 1-18a(a), G.S.
3. By letter
of complaint dated January 5, 1995 and filed with the Commission on January 9,
1995, the complainant appealed to the Commission alleging that the respondent
violated the Freedom of Information ("FOI") Act by failing to
maintain public records in a place that complies with the requirements of
1-19(a), G.S.
4. Section
1-19(a), G.S., provides in relevant part:
Each ...[public] agency shall keep
and maintain all public records in its custody at its regular office or place
of business in an accessible place and, if there is no such office or place of
business, the public records pertaining to such agency shall be kept in the
office of the clerk of the political subdivision in which such public agency is
located....
Docket #FIC 95-8 Page 2
5. It is
found that the respondent maintains a regular office or place of business at 38
Huntington Street, New London, Connecticut.
6. It is
found that the Huntington Street location, described in paragraph 5, above, was
designated the respondent's official place of business by resolution number
090694-3 of the New London City Council.
7. It is
found that the respondent maintains public records at its place of business,
which is generally open to the public Monday through Friday between the hours
of 9:00am and 5:00pm.
8. It is
found that the respondent has not denied the complainant access to any public
records requested.
9. The
complainant contends, however, that 1-19(a), G.S., requires that the
respondent maintain its public records at the town clerk's office or in a
building which is publicly owned or leased.
He contends further, that the respondent's place of business, in order
to meet the requirements of 1-19(a), G.S., must comply with certain fire
safety, handicapped-accessible and public records administration standards.
10. It is
concluded that 1-19(a), G.S. does not require that the respondent maintain
its records at the town clerk's office if the respondent has a regular office
or place of business.
11. It is
also concluded that nothing in 1-19(a), G.S., requires that the
respondent's regular office or place of business be publicly owned or
leased. Neither does 1-19(a),
G.S., indicate any fire safety, handicapped-accessible or public records
administration requirements.
12. It is
therefore concluded that the respondent did not violate 1-19(a), G.S., by
maintaining its records at its regular office or place of business, identified
in paragraph 5, above.
The following order by the Commission is hereby
recommended on the basis of the record concerning the above-captioned
complaint:
1. The
complaint is hereby dismissed.
2. Although
the Commission has no jurisdiction to enforce fire safety,
handicapped-accessible or public records administration laws, it urges the
respondent, in the interest of the safe-keeping and proper maintainance of
public records to contact the State Public Records Administrator to apprise
himself and employees as to the appropriate record management practices and to
ensure compliance with the state's public
Docket #FIC 95-8 Page 3
records retention
statutes. In addition, the Commission
urges that the respondent ensure compliance with all handicapped-accessible
laws.
Approved by Order of the
Freedom of Information Commission at its regular meeting of October 25, 1995.
Elizabeth A. Leifert
Acting Clerk of the
Commission
Docket #FIC 95-8 Page 4
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:
Robert Fromer
281 Gardner Avenue
New London, CT 06320
New London Director of Law
c/o Thomas Londregan, Esq.
Conway, Londregan &
McNamara
38 Huntington Street
P.O. Box 1351
New London, CT 06320
Elizabeth A. Leifert
Acting Clerk of the Commission