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FREEDOM OF INFORMATION
COMMISSION |
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In the
Matter of a Complaint by |
FINAL
DECISION |
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John
Ward, |
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Complainants |
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against |
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Docket #FIC 1999-359 |
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Executive Director, Housatonic Area Regional Transit; and Housatonic Area Regional Transit, |
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Respondents |
December 22, 1999 |
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The above-captioned matter was heard as a contested case on November
19, 1999, 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 respondents are
public agencies within the meaning of §1-200(1) [formerly §1-18a(a)], G.S.
2. By letter dated July
16, 1999, the complainant requested of the respondent executive director that
the complainant be permitted to inspect and copy certain incident reports.
The complainant also requested a copy of an incident report written by
a “Hospital/Bethel route driver who works on the Bethel-bound 3:30 pm route
on weekdays,” which report was written between July 12, 1999 and July 15,
1999 and which concerns another HART driver, Troy Boyd.
The complainant made similar requests of the Amalgamated Transit Union,
an attorney and two employees of HART.
3. Having received no
response to the foregoing request, the complainant appealed to the Commission
by letter dated August 2, 1999, and filed with the Commission on August 12,
1999.
4. At the hearing on this matter, the complainant narrowed his request to the incident report written by a HART bus driver, Gordon Hopkins, concerning an
incident involving another HART driver, Troy Boyd, on or about the afternoon of July 12, 1999.
5. Also at the hearing on this matter, counsel for the respondents represented that the respondents have no
records responsive to the complainant’s request, as described in paragraph
4, above.
6. The complainant contends that the subject report was written by Mr. Hopkins on a HART form, and given to another HART bus driver, Karen Doutney, who is also a union official. The complainant believes that Mr. Hopkins and Ms. Doutney have copies of the requested report and that they are public agencies subject to the access to public records provisions of the Freedom of Information Act.
7. Section 1-200 (1)
[formerly §1-18a(a)], G.S., defines” public agency” as:
“any executive, administrative or legislative
office of the state or any political subdivision of the state and any state or
town agency, any department, institution, bureau, board, commission, authority
or official of the state or of any city, town, borough, municipal
corporation, school district, regional district or other district or other
political subdivision of the state, including any committee of, or created by,
any such office, subdivision, agency, department, institution, bureau, board,
commission, authority or official, and also includes any judicial office,
official or body or committee thereof but only in respect to its or their
administrative functions.” (Emphasis added)
8. It is found that
neither Mr. Hopkins nor Ms. Doutney, in their capacities as HART bus drivers,
is a public agency as defined in §1-200(1) [formerly §1-18a(a)], G.S.
9. Consequently, it is
concluded that the Commission lacks jurisdiction over Mr. Hopkins and Ms.
Doutney and that it cannot order the disclosure of the subject record, or a
copy thereof, which may be in their possession.
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.
Approved by Order of the Freedom of Information Commission at its regular meeting of
December 22, 1999.
_________________________
Melanie R. Balfour
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:
John Ward
18 Garamella Boulevard
Danbury, CT 06810
Executive Director, Housatonic Area Regional Transit; and Housatonic Area Regional Transit
c/o Atty. Mark J. Sommaruga
Sullivan, Schoen, Campane & Connon, LLC
646 Prospect Avenue
Hartford, CT 06105
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC1999-359FD/mrb//12/27/1999