FREEDOM OF INFORMATION
COMMISSION
OF THE STATE OF CONNECTICUT
In the Matter of a Complaint
by Final Decision
Lawrence Olin Harrison,
Complainant
against Docket
#FIC 95-21
Wallingford Board of Tax
Review,
Respondent October 25, 1995
The above-captioned matter was heard as a contested
case on August 29, 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
respondent is a public agency within the meaning of 1-18a(a), G.S.
2. By letter
dated January 5, 1995, the complainant requested that the respondent provide
him with copies of notices granting assessment relief dated March 3, 1994 which
were sent to persons who successfully appeared before the respondent on
February 17, 18 and 19, 1994.
3. By letter
dated January 31, 1995, the complainant appealed to the Commission, alleging
that the respondent violated the Freedom of Information ("FOI") Act
by failing to promptly provide him with copies of the notices described in
paragraph 2, above.
4. It is
found that the complainant previously requested the notices described in
paragraph 2, above, in August of 1994, and that the respondent, by letters
dated August 18 and 25, 1994, indicated that the requested records were still
in the possession of its then chairman and that the records would be provided
to the complainant as soon as they became available.
5. It is
found that the respondent did not make or retain copies of the original notices
dated March 3, 1994 which were sent to the successful taxpayer-appellants and
that the respondent's counsel was notified of that fact by the respondent's
former chairman on March 6, 1995.
Docket #FIC 95-21 Page
2
6. Because
the records in question do not exist in the possession or custody of the
respondent or any of its current or prior officers, members or agents, or other
persons subject to the respondent's authority in this regard, the Commission
lacks jurisdiction to order the disclosure of such records.
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.
2. The
Commission strongly urges the respondent to contact the State Public Records
Administrator to ensure its compliance with the state's public record retention
requirements and proper records management procedures.
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 95-21 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:
Lawrence Olen Harrison
100 Gaylord Farm Road
Wallingford, CT 06492
Wallingford Board of Tax
Review
c/o Adam Mantzaris, Esq.
Town of Wallingford
Department of Law
45 South Main Street
Wallingford, CT 06492
Elizabeth A. Leifert
Acting Clerk of the Commission