FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by

FINAL DECISION

John Mason and
The Hartford Courant,

 

 

Complainant

 

 

against

 

Docket #FIC 1999-584

Communications Director, State of
Connecticut, Department of Economic
and Community Development,

 

 

Respondents

April 12, 2000

 

 

 

 

            The above-captioned matter was heard as a contested case on February 8, 2000, at which time the complainants 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) [formerly §1-18a(a)], G.S.

 

            2.  After a series of requests by the complainants and the provision of various documents by the respondent, the complainants in early December 1999 requested further specific information concerning the Department of Economic and Community Development (“DECD”) Veeder Place project in Hartford.

 

            3.  Having been denied access by the respondent to the information described in paragraph 2 of the findings, above, the complainants appealed to the Commission by letter dated and filed with the Commission on December 7, 1999.

 

            4.  It is found that the information requested by the complainants is contained in public records, as defined in §1-200 (5), G.S. (formerly §1-18a(5), G.S.).

 

            5.  The respondent contends that the subject records are exempt from disclosure pursuant to §32-11a(k), G.S., which provides:

“All information contained in any application for financial assistance submitted to the [Connecticut Development] authority or the department [of Economic and Community Development], and all information obtained by the authority or the department with respect to any person or project, including all financial, credit and proprietary information, shall be exempt from the provisions of subsection (a) of section 1-210 [formerly §1-19(a), G.S.].”

 

            6.  Section 1-210(a), G.S. (formerly §1-19(a), G.S.), in material part, provides:

 

“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 1-212 [formerly §1-15, G.S.].”

 

            7.  It is found that the requested information that is the subject of this complaint constitutes information obtained by the DECD with respect to a person or project, within the meaning of §32-11a(k), G.S.

 

8.  Consequently, it is concluded that the requested information that is the subject of this complaint is exempt from the disclosure provisions of §1-210(a), G.S. (formerly §1-19(a), G.S.) and, therefore, it is also concluded that the respondent did not violate the Freedom of Information Act with respect to this 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

April 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:

 

 

John Mason and The Hartford Courant

285 Broad Street

Hartford, CT  06115

 

 

Communications Director, State of Connecticut, Department of Economic and Community Development

c/o Atty. Shelagh P. McClure

Assistant Attorney General

55 Elm Street, PO Box 120

Hartford, CT  06141-0120

 

 

 

 

__________________________

Melanie R. Balfour

Acting Clerk of the Commission

 

FIC1999-584FD/mrb/04/13/00