FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF
CONNECTICUT
In the Matter of
a Complaint by Final
Decision
Fred Diggle and
The Foundation for Fair Contracting,
Complainants
against Docket #FIC 95-118
Somers School
Building Committee,
Respondent December 13, 1995
The above-captioned matter was
heard as a contested case on October 24, 1995, at which time the complainant
appeared and a representative of Maranba Builders, Inc. appeared on behalf of
the respondent, 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 letters dated January 9 and March 21, 1995, the complainants
requested that the respondent provide them with the opportunity to inspect and
copy the certified payroll records, rate schedule and bid documents for the
Somers Elementary School project.
3. By letter dated April 10, 1995 and filed April 12, 1995, the
complainants appealed to the Commission and alleged that the respondent had
failed to comply with their requests.
4. It is found that the requested records are public records within
the meaning of 1-18a(d) and 1-19(a), G.S.
5. It is found that the respondent referred the complainants'
requests to Maranba Builders, Inc. (hereinafter "Maranba"), the
general contractor hired by the respondent for the school project construction.
#FIC 95-118 Page
2
6. It is found that by letter dated April 5, 1995, Maranba responded
to the complainants' request by indicating that "we are subject to the
State of Connecticut for the items you have requested to review. Please contact the appropriate parties/agencies
in the State of Connecticut."
7. It is found that the original records requested by the
complainants are located in the offices of Maranba and have never been provided
to the complainants.
8. Section 1-19(a), G.S., provides, in pertinent part:
Each such 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...
9. It is found that the respondent does not maintain a regular
office or place of business, nor does it maintain any of the requested records
in the office of the Somers town clerk.
10. It is concluded that by failing either to maintain an office
where its records are located in an accessible place or to maintain its records
in the Somers town clerk's office, the respondent is in violation of the
provisions of 1-19(a), G.S.
11. It is found that the respondent failed to provide the
complainants with access to or copies of the requested records, and it is
concluded that such failure violated the provisions of 1-19(a), G.S.
The following order by the
Commission is hereby recommended on the basis of the record concerning the
above-captioned complaint:
1. The respondent shall forthwith provide the complainants with
access to inspect and copy the requested records free of charge.
2. The respondent shall forthwith either establish an office where
it shall keep and maintain all of its public records in an accessible place, or
keep its records in the Somers town clerk's office.
3. Henceforth, the respondent shall strictly comply with the
requirements of 1-19(a), G.S.
#FIC 95-118 Page
3
4. The Commission finds the respondent's ignorance and/or disregard
of its responsibilities under the Freedom of Information Act condemnable and
orders the respondent to attend a workshop to be conducted at the Commission's
office, 18-20 Trinity Street, Hartford, CT.
The respondent is hereby ordered to contact the Commission within one
week of the receipt of the final decision in this matter to schedule such
workshop.
Approved by
Order of the Freedom of Information Commission at its regular meeting of
December 13, 1995.
Elizabeth
A. Leifert
Acting
Clerk of the Commission
Docket #FIC
95-118 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:
Fred Diggle and
Foundation for Fair Contracting
3 Brick Walk
Lane
Farmington, CT
06032
Somers School
Building Committee
c/o Jim Thompson
Maranba
Builders, Inc.
1010
Wethersfield Avenue
Hartford, CT
06114
Elizabeth
A. Leifert
Acting Clerk of the Commission