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