FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by                        Final Decision

 

Robin E. Maheu,

 

                                Complainant

 

                against                   Docket #FIC 95-367

 

Bristol Director of Public Works,

 

                                Respondent                          July 10, 1996

 

                The above-captioned matter was heard as a contested case on March 20, 1996, at which time the complainant and the respondent appeared 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.             It is found that by letter dated September 5, 1995, the complainant requested that he be provided with six categories of documents ("September request").

 

                3.             By letter of complaint dated October 10, 1995 ("complaint"), and filed with the Commission on October 12, 1995, the complainant appealed the respondent's failure to respond to, or comply with his September request.

 

                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 subsequent to the filing of his complaint, the respondent provided the complainant with the documents constituting full compliance with items numbered 1, 2 and 6 in his September request.

 

                6.             It is found that subsequent to the filing of the complaint the respondent also provided the complainant with some of the documents requested in items numbered 3, 4 and 5 of the September request.

 

Docket #FIC 95-367                                             Page Two

 

                7.             Regarding item 3 in the September request, it is found that the respondent has provided the complainant with all of the records in his possession, because he does not maintain the Claims Committee records that the complainant is seeking.

 

                8.             With respect to item 4 in the September request, it is found that on or about March 14, 1996, the respondent mailed additional documentation to Attorney Ziegler who the respondent believed was representing the complainant in his complaint since he was his counsel on other matters.

 

                9. It is found that Attorney Ziegler is not counsel to the complainant on his complaint.

 

                10.           The complainant argues that the documentation mailed to Attorney Ziegler was not given to him.

 

                11.           Regarding item 5 in the September request, it is found that the only background information concerning the Miller Road properties is contained in minutes of the town's Board of Public Works ("board") meetings held between November 17, 1994 and December 1995 ("board minutes").

 

                12.           The respondent maintains that in late February 1996 he hand-delivered those board minutes to the complainant.  However, the respondent has agreed to give the complainant access to the board minutes and the minutes of all other board meetings containing discussions of other builders' properties and special connection fees.

 

                13.           It is concluded that the respondent violated 1-15(a) and 1-19(a), G.S., by failing to promptly provide the complainant with all requested records in his possession.

 

                The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

                1.             Within seven days of the date of mailing of the notice of final decision in this case, the respondent shall provide the complainant with a copy of the records identified in paragraph/item 4 of the complainant's September request, free of charge, and furnish to the complainant an affidavit stating that the records provided constitute the only records responsive to that part of his September request.

 

Docket #FIC 95-367                                             Page Three

 

                2.             Within seven days of the date of mailing of the notice of final decision in this case, the respondent shall give the complainant access to the board minutes identified in paragraphs 11 and 12 of the findings, above, and also provide the complainant with a copy of those board minutes identified in paragraphs 11 and 12 of the findings, above, that have not already been provided, free of charge.

 

                3.             Henceforth, the respondent shall strictly comply with the public records requirements set forth in 1-15(a) and 1-19(a), G.S.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of July 10, 1996.

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission

 

Docket #FIC 96-367                                             Page Four

 

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:

Robin E. Maheu

President

Maheu Builders, Inc.

550 Broad Street

Bristol, CT 06011-0024

 

Bristol Director of Public Works

c/o Dean B. Kilbourne

Assistant Corporation Counsel

City of Bristol

111 North Main Steet

Bristol, CT 06010

 

                                                                             

                                                Elizabeth A. Leifert

                                                Acting Clerk of the Commission