FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

 

In the Matter of a Complaint by                                    Final Decision

 

Kathryn A. Hale,

 

                        Complainant

 

            against                                                              Docket #FIC 1996-021

 

Tax Collector, Town of South

Windsor and Northeast

Business Services, Inc. as

Tax Collector, Town of South

Windsor,

 

                        Respondent                                          September 11, 1996

 

            The above-captioned matter was heard as a contested case on May 9, 1996, at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.  Docket #FIC 1995-410, Kathryn Hale v. Mayor and Town of South Windsor, was consolidated with the above-captioned matter for purpose of hearing.  The records at issue were reviewed in camera following the hearing into this matter.

 

            After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

            1.         It is found that the respondent tax collector is Northeast Business Services, Inc., (hereinafter "NBS").

 

            2.         Public Act No. 95-228, section 12, provides in relevant part:

 

The secretary of the office of policy and management shall establish a pilot program, for the fiscal years commencing July 1, 1994, July 1, 1995, and July 1, 1996, in the town of South Windsor for the purpose of improving the tax collection capabilities of the town.  Notwithstanding any provision of

 

 

 

Docket #FIC 1996-021                                                                                   Page 2

 

                                    the general statutes or regulations adopted thereunder, the town of South Windsor is authorized for the period of the pilot program, to employ a third-party, acting under the direction of the town manager, to collect current and delinquent property taxes, interest and fees….

 

            3.         It is found that the town of South Windsor (“town”) entered into an agreement with NBS, whereby NBS was appointed to serve as the town’s tax collector (hereinafter "agreement").

 

            4.         It is found that by letter of request dated January 2, 1996, the complainant requested that the respondent provide her with a copy of the respondent’s audited financial statements for any fiscal year ending after May 4, 1994, (hereinafter “requested records”).

 

5.           Having failed to receive access to the requested records, the complainant, by letter of complaint dated January 15, 1996 and filed with the Commission on January 17, 1996, alleged that the respondent violated the Freedom of Information ("FOI") Act by denying her access to the requested records. The complainant requested that the Commission impose a civil penalty upon the respondent.

 

            6.         Section 9 of the agreement provides that:

 

(a)  NBS shall submit its current year-end financial statement in the form of an independent audit which shall be prepared by a CPA licensed in the State of Connecticut.  Said financial statement shall be submitted to the town on a timely basis each year during the term of this Agreement.

 

(b)  The Town, through the Town Manager and/or his/her designee, reserve the right to inspect and audit any and all tapes, books or other records of the Tax Collector and/or NBS as Tax Collector for the Town upon reasonable notice and at reasonable times.

 

            7.         Section 1-19(a), G.S., provides in relevant part that:

 

 

Docket #FIC 1996-021                                                                                   Page 3

 

Except as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, shall be public records and every person shall have the right to inspect such records promptly during regular office or business hours or to receive a copy of such records in accordance with the provisions of section 1-15.

 

            8.         It is found that in its capacity as tax collector of the town, the respondent is a public agency within the meaning of §1-18a(a), G.S., and that the records kept and maintained by NBS in its capacity as tax collector are public records, within the meaning of §1-19(a), G.S.

 

            9.         It is found that the requested records are records of the respondent in its capacity as a corporation.

 

            10.       It is therefore concluded that the Commission lacks jurisdiction over this complaint because the requested records are not the records of a public agency.

 

            11.       In light of finding 10, above, it is not necessary for the Commission to address the respondent’s claim of exemption pursuant to §1-19(b)(5), G.S.

 

              12.       The respondent’s request for a civil penalty is denied.

 

              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.         This decision should not be construed to mean that any records of NBS concerning NBS’s duties and compensation as tax collector of the town, and any records of tax revenue, not otherwise exempt from disclosure, shall be deemed confidential.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of September 11, 1996.

 

__________________________

Elizabeth A. Leifert

Acting Clerk of the Commission


Docket # FIC 1996-021                                                                                              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:

 

Kathryn A. Hale

174 Woodland Drive

South Windsor, CT 06074

 

 

Tax Collector, Town of South Windsor and Northeast Business Services, Inc. as Tax Collector, Town of South Windsor

c/o       John Logan, Esq.

            Sullivan, Reis, Sanchy & Logan

            9 Mason Street

            Torrington, CT 06790

 

 

__________________________

Elizabeth A. Leifert

Acting Clerk of the Commission