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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Lou Harris, |
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Complainant |
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against |
Docket #FIC 2000-161 |
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Senator, 18th District, State of Connecticut, |
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Respondents |
July 12, 2000 |
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The above-captioned matter was heard as a contested case on May 17,
2000, at which time the complainant and the respondent appeared, 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. It is found that, by letter dated March 15, 2000, the complainant requested that the respondent provide her with copies of any statements or correspondence referencing the complainant, authored by Lena Holleran, Shirley Tiernan, Cathy Battrick, Linda Pearce Prestley, Nancy Ahern, Cathy Cook, or any other individual.
2. It is found that, by letter dated March 27, 2000, the
respondent denied the request described in paragraph 1, above.
3. By letter dated and filed with the Commission on March 31,
2000, the complainant appealed to the Commission, alleging that the respondent
violated the Freedom of Information Act by failing to furnish the requested
records to the complainant.
4. Section 1-210(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. [emphasis
added]
5. Section 1-200(1), G.S., defines “public agency” to mean:
…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 ….[emphasis
added]
6. Section 1-200(5), G.S.,
defines “public records” as:
…any recorded data or information
relating to the conduct of the public's business prepared, owned, used,
received or retained by a public agency, whether such data or
information be handwritten, typed, tape-recorded, printed, photostated,
photographed or recorded by any other method. [emphasis added]
7. The Commission has
previously ruled that communications between a legislator and a constituent
are part of “a political
constituent service, unrelated to the constitutional or statutory duties of a
member of the legislature or of a state official” and, therefore, within
this context, a member of the legislature is not a “public agency” as
defined by §1-210(1),
G.S. Michael B. Montanaro v. Joseph J. Crisco, Jr., State Senator, State of
Connecticut, General Assembly,
Docket #FIC 1997-205 (January 14, 1998);
Ethan Book, Jr., v. State Representative John G.
Metsopoulos, Docket #FIC 1994-269 (May 30, 1995).
8. It is found that the
requested records do not relate to the legislative or constitutional duties of
the respondent. Rather, it is
found that such records relate to communications
between a legislator and a constituent, and that, therefore, such records are
part of “a political
constituent service.”
9. It is concluded that
the respondent was not acting in her capacity as a “public agency”, as
defined by §1-200(1),
G.S., when she received the requested records.
10. It is also concluded
that the requested records are not “public
records”, as defined by §1-200(5),
G.S.
11. Accordingly, it is
concluded that the respondent did not violate the Freedom of Information Act
when she declined to provide the complainant with copies of the requested
records.
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
July 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:
Lou Harris
1501 Via Ladera
Fallbrook, CA 92028
Senator, 18th District, State of Connecticut
c/o Atty. Morgan J. O'Brien
Legal Counsel
Senate Republican Office
Legislative Office Building, Room 3400
Hartford, CT 06106
__________________________
Melanie R. Balfour
Acting Clerk of the Commission
FIC2000-161FD/mrb/07/13/00