FREEDOM OF INFORMATION
COMMISSION |
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In
the Matter of a Complaint by |
FINAL
DECISION |
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Laura
B. White, |
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Complainants |
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against |
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Docket
#FIC 1999-119 |
Chairman,
Water Pollution Control Authority, |
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Respondents |
January
12, 2000 |
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The above-captioned matter was heard as a contested case on October 27, 1999, at which time the complainant and the respondent 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), G.S. [§1-18a(1), G.S.].
2. It is found that the respondent authority began a collection process for collecting delinquent water bills of residents in the town of New Hartford which process was conducted by an outside firm hired by the respondent authority.
3. It is found that the complainant owned property for which there was a delinquent water bill for which collection attempts were made.
4. It is found that during the collection process the complainant requested and received records pertaining to her account which included a copy of the “previous billings and interest” record.
5. By letter dated February 26, 1999, the complainant made a request to the respondents for copies of the records, bills, meter readings and any other proper forms of documentation substantiating the beginning balance, or balance forwarded, found on the “previous billings and interest” record.
6. It is found that the complainant was informed that the records she requested did not exist and that the beginning balance on the “previous billing and interest” record was taken from the bookkeeper’s ledger, a copy of which was provided to the complainant.
7. By letter dated March 10, 1999 and filed with this Commission on March 15, 1999, the complainant appealed the respondent’s failure to comply with her request described in paragraph 5, above.
8. Section 1-210(a), G.S. [formerly §1-19(a), G.S.], provides in relevant part that:
[e]xcept 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 1-212.
9. Section 1-212(a), G.S. [formerly §1-15(a), G.S.], provides in relevant part that “[a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record.”
10. It is found that to the extent that the requested records exist, such records are public records within the meaning of §1-210(a), G.S. [formerly §1-19(a), G.S.]
11. It is found, however, that the respondents provided the complainant with all the records they maintain which are responsive to her request and that no other records exist.
12. It is concluded therefore that the respondents did not violate the disclosure provision of §1-210(a), G.S. [formerly §1-19(a), G.S.] and §1-212(a), G.S. [formerly §1-15(a), G.S.].
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
January 12, 2000.
_________________________
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:
Laura B. White
52 Hayward Road
New Hartford, CT 06057
Chairman, Water Pollution Control Authority, Town of New Hartford; and Water Pollution Control Authority, Town of New Hartford
c/o Chairman, Water Pollution Control Authority
Town of New Hartford
530 Main Street
New Hartford, CT 06057
and
Water Pollution Control Authority
Town of New Hartford
530 Main Street
New Hartford, CT 06057
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC1999-119FD/mrb/01/13/00