FREEDOM OF INFORMATION COMMISSION |
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In the Matter of a Complaint by | FINAL DECISION | ||
Daniel Kelley, | |||
Complainants | |||
against | Docket #FIC 1998-084 | ||
Mayor, City of Groton,
and City of Groton |
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Respondents | August 12, 1998 |
The above-captioned matter was heard as a contested case on May 19, 1998, at which time the complainant 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 respondent mayor is a public agency within the meaning of §1-18a(1), G.S.
2. By letter of complaint dated and filed on April 6, 1998, the complainant alleged that the respondent mayor failed to comply with the Commissions decision in contested case docket #FIC 1997-130, Daniel Kelly v. Mayor, City of Groton, and City of Groton (hereinafter FIC 1997-130). Specifically, the complainant alleged that the respondent mayor failed to provide him with the total expenses associated with the October 1996 installation of an eleven space parking area (hereinafter parking area).
3. The Commission takes administrative notice of the record and final decision in FIC 1997-130.
4. In FIC 1997-130, the Commission ordered the respondents to provide the complainant with the requested records, which records included the total expenses associated with installation of the parking area.
5. It is only the records of the total expenses associated with installation of the parking area that is at issue in this complaint.
6. It is found that by letter dated September 26, 1997, the citys finance director provided the complainant with a copy of an invoice showing a total amount of $653.96 for construction of the parking area.
7. It is found that the invoice described in paragraph 6, above, is the only record located by the respondents that shows a total amount associated with the installation of the parking area.
8. It is found that the respondents have provided the complainant with the only record they have that is responsive to the Commissions order in FIC 1997-130.
9. It is therefore concluded that the respondent mayor did not violate the Commissions order in FIC 1997-130.
10. The complainant contends that he was able to obtain information from a source other than from the respondents that suggests that the amount of $653.96 for total expenses reflected on the invoice is inaccurate.
11. It is found that the total expenses associated with the parking area exceeded $653.96, because certain paving costs are not reflected on the invoice.
12. It is found however, that the respondents do not have any record that isolates the paving costs, described in paragraph 11, above.
13. The crux of the complainants contention presently, is not that he was not provided with a record of the total expenses associated with installation of the parking area but that the invoice provided to him contains inaccurate information.
14. While it is found that the invoice is misleading insofar as it does not include the paving costs, described in paragraphs 11 and 12, above, the determination of the accuracy or inaccuracy of the information contained in the invoice cannot be made by this Commission, because this Commission has no authority to do so. Such a determination is appropriately made by the local institutions authorized to oversee the fiscal health and well being of the city.
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.
Approved by Order of the Freedom of Information Commission at its regular meeting of August 12, 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:
Daniel C. Kelley 48 Old Farm Road Groton, CT 06340
Mayor, City of Groton, and City of Groton c/o Atty. Peter S. Gianacoplos 100 Foot Hill Road Groton, CT 06340
__________________________ Doris V. Luetjen Acting Clerk of the Commission
FIC1998-084/FD/tcg/08181998