FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
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In the Matter of a Complaint by |
FINAL DECISION |
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Michael Del Vecchia, |
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Complainant |
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against |
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Docket #FIC1999-399 |
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Corporation Counsel, |
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Respondents |
March 22, 2000 |
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The above-captioned matter was heard as a contested case on October 28, 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 respondent is a public agency within the meaning of §1-200(1), G.S. [formerly §1-18a(1), G.S.]
2. By letter dated August 20, 1999, the complainant requested that the respondent provide a copy of a deed “for a piece or parcel of land located in the Town of Wallingford, CT and owned by the Grantor, the City of Meriden [hereinafter “the parcel”].” Such letter states that the parcel is described in Volume 679, Page 567 of the Wallingford Land Records, as recorded February 27, 1990. Additionally, the complainant requested copies of property tax receipts paid by the City of Meriden for the parcel.
3. By letter dated August 27, 1999, and filed August 30, 1999, the complainant appealed to the Commission, alleging that the respondent violated the Freedom of Information (hereinafter “FOI”) Act by failing to provide him with a copy of the deed and the property tax receipts.
4. Section 1-210(a), G.S. [formerly §1-19(a), G.S.], provides in relevant part:
[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.
5. It is found that, in response to the letter described in paragraph 2, above, the respondent made a thorough and diligent search of his records, as well as the records of the Meriden Tax Assessor and the Meriden Town Clerk. It is further found that the respondent then traveled to the town of Wallingford and researched the issue of the parcel in the office of the Tax Assessor in such municipality.
6. By letter dated September 2, 1999, the respondent forwarded to the complainant a copy of a deed, which the respondent received, from the Wallingford Tax Assessor and which such Assessor believed was the deed to the parcel. By such letter, the respondent informed the complainant that he was researching the issue of property tax but that, at such time, he believed the parcel was likely tax exempt.
7. By letter dated September 9, 1999, the complainant informed the respondent that the deed described in paragraph 6, above, was worthless, unsigned and inaccurate.
8. It is found the requested property tax receipts described in paragraph 2, above, do not exist.
9. It is found that, under the facts and circumstances of this case, the respondent used his best efforts and due diligence in attempting to comply with the complainant’s request. Indeed, it is further found that the respondent exceeded the requirements of the FOI Act by personally traveling to another town in an attempt to assist the complainant. In addition, the respondent provided the complainant with the only record that he located that was responsive to the complainant’s request.
10. It is concluded that the respondent did not violate the FOI Act, as alleged in the complaint.
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
March 22, 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:
Michael Del Vecchia
52 Copse Road
Madison, CT 06443-2607
Corporation Counsel, City of Meriden
c/o Atty. Lawrence J. Kendzior
142 East Main Street
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC1999-399FD/mrb/03/23/00