FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

 

In the Matter of a Complaint by                                                FINAL DECISION

 

Ron Robillard, Dale Faulkner and The

Chronicle Printing Company, Inc.

 

                        Complainants

 

            against                                                                          Docket #FIC 1997-110

 

Tax Collector, Town of Windham and

First Selectman, Town of Windham

 

                        Respondents                                                     February 11, 1998

 

The above-captioned matter was heard as a contested case on August 20, 1997, at which time the complainants and the respondents 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 respondents are public agencies within the meaning of §1-18a(1), G.S., (§1-18a(a), G.S., prior to Oct. 1, 1997).

 

2.  It is found that by letter dated March 6, 1997 the complainants requested that the respondent tax collector provide them with copies of records pertaining to past due water and sewer bills owed to the town of Windham (“town”) by the YMCA of Willimantic (“YMCA”).  Specifically, the complainants requested the following records, (“requested records”):

 

a)  past due water and sewer bills for 842 Main Street and 157 Boston Post Road;

 

b)  correspondence indicating the amount of any delinquency; and

 

c)  any payment plan established between the town and the YMCA.

 

3.  It is found that the respondent first selectman denied the request on March 7, 1997.

 

4.  By letter dated March 20, 1997 and filed on March 27, 1997, the complainants appealed to the Commission alleging that the respondents violated the Freedom of Information (“FOI”) Act by denying them copies of the requested records.

 

5.  It is found that the town recorded tax liens on its land records against the YMCA because of the YMCA’s delinquent water and sewer bills now at issue in this appeal.

 

6.  Section 1-18a(5), G.S., (1-18a(d), G.S., prior to Oct. 1, 1997) defines “public records or files” as “any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.”

 

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

 

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.  Any agency rule or regulation, or part thereof, that conflicts with the provisions of this subsection or diminishes or curtails in any way the rights granted by this subsection shall be void.

 

8.  It is concluded that the requested records are public records within the meaning of §§1-18a(5), G.S., (1-18a(d), G.S., prior to Oct. 1, 1997) and 1-19(a), G.S.

 

9.  The respondents contend that §16-262c(e), G.S., precludes disclosure of the requested records, and further that §16-262g, G.S., would subject them to possible liability.

 

10.  Section 16-262c(e), G.S., provides:

 

No provision of chapter 3 [including the FOI Act] shall be construed to require or permit a municipal utility furnishing electric, gas or water service, a municipality furnishing water or sewer service, a district established by special act or pursuant to chapter 105 and furnishing water or sewer service or a regional authority established by special act to furnish water or sewer service to disclose under chapter 3 records which identify or could lead to identification of the utility usage or billing information of individual customers, to the extent such disclosure would constitute an invasion of privacy.  [Emphasis added].

 

11.  Section 16-262g, G.S., provides that “[A]ny wilful or malicious violation of sections 16-262c to 16-262i, inclusive, by any agent, owner, lessor, manager or any company or municipal utility shall be punishable by a fine of not more than five hundred dollars or imprisonment for not more than thirty days or both.”

 

12.  It is found that generally the word “individual” refers to a human being rather than another form of juridical person such as a corporation or other business entity.

 

13.  It is also found that the legislative intent of §16-262c(e), G.S., was to protect the utility usage and billing records of individuals, to the extent that disclosure of such individuals’ records would constitute an invasion of their privacy.

 

14.  It is further found that the YMCA is not an “individual” customer within the meaning of §16-262c(e), G.S.

 

15.  It is therefore, concluded that §§16-262c(e) and 16-262g, G.S., do not prohibit disclosure of the requested records.

 

16.  Consequently it is concluded that the respondents violated §§1-15(a) and 1-19(a), G.S., when they failed to provide the complainants with a copy of the requested records.

 

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

 

1.  Forthwith, the respondents shall provide the complainants with a copy of the requested records, as more fully described in paragraph 2a, 2b and 2c of the findings, above.

 

2.  Henceforth, the respondents shall strictly comply with §§1-15(a) and 1-19(a), G.S.

 

            3. The Commission notes that liens for delinquent water and sewer accounts are matters of public record.  Consequently, public policy dictates that information such as that ordered disclosed herein ought likewise to be a matter of public record. 

 

 

 

 

 

 

                Approved by Order of the Freedom of Information Commission at its regular meeting of February 11, 1998.

 

 

 

_________________________

Doris V. Luetjen

Acting Clerk of the Commission

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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:

 

Ron Robillard, Dale Faulkner and The

Chronicle Printing Company, Inc.

One Chronicle Road

P.O. Box 148

Willimantic, CT 06226-0148

 

Tax Collector, Town of Windham and

First Selectman, Town of Windham

c/o Atty. Kevin M. Tighe

21 East Main Street

P.O. Box 425

Mystic, CT 06355

 

 

 

 

__________________________

Doris V. Luetjen

Acting Clerk of the Commission

 

 

 

 

 

 

FIC1997-110/FD/tcg/02111998