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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Robert J. Wise, |
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Complainant |
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against |
Docket #FIC 2000-270 |
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Director
of Community Planning and |
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Respondents |
September 27, 2000 |
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The above-captioned matter was heard as a contested
case on August 11, 2000, at which time the complainant and the respondent
appeared, stipulated to certain facts and presented testimony, exhibits and
argument on the complaint. After
the hearing in this matter, the complainant moved to reopen the hearing for
the purpose of admitting additional evidence.
Such motion is hereby denied.
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.
2.
By letter dated March
17, 2000 the complainant made a request to the town clerk of the town of
Simsbury, which request was forwarded to the respondent, to inspect “a copy
of each written communication of any kind (correspondence, note, letter,
memorandum, bill) from or to Peter Stempien or the Simsbury Zoning Board of
Appeals and from or to John Wolfson from July 1, 1998 through March 1, 2000
pertaining in any way to the Legal Review of Authority and Process identified
in the attached memorandum from Mary A. Glassman, dated July 30, 1998.”
3.
It is found that on
or about May 22, 2000 the complainant was informed, by the respondent
director, that a search was made for the requested records and no such records
were maintained by him or by his office.
4.
By letter dated May
30, 2000 and filed on June 1, 2000, the complainant filed a complaint with
this Commission alleging that the respondent violated the Freedom of
Information (“FOI”) Act by denying his request and further claiming that
the requested records do exist and are maintained by the town of Simsbury.
5.
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 . . . Any agency rule or regulation, or part
thereof, that conflicts with the provisions of this subsection or diminishes
or curtails in any way the rights granted by this subsection shall be void.”
[emphasis added]
6.
It is found that the
requested records are public records within the meaning of §1-210(a), G.S.
7.
It is found that the
respondent conducted a search of the records maintained by him and the
planning department and found that he did not maintain any records responsive
to the complainant’s request.
8.
It is also found that
the chairman of the Zoning Board of Appeals conducted a searched of the
records maintained by him and found that he did not maintain any records
responsive to the complainant’s request.
9.
It is further found
that the FOI Act does not require the respondent to search the records of
other departments or agencies of the town, such as the Finance Department, for
records responsive to the complainant’s request.
10.
It is found that no
records responsive to the complainant’s request are maintained or kept on
file by the respondent.
11.
It is therefore
concluded that the respondent did not violate the FOI Act regarding the
complainant’s request.
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 September 27, 2000.
_________________________
Ann B. Gimmartino
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:
Robert
J. Wise
Three
Vincent Drive
Simsbury,
CT 06070
Director
of Community Planning and
Development,
Planning Department,
Town
of Simsbury
c/o
Robert M. DeCrescenzo, Esq.
Updike,
Kelly & Spellacy, PC
One
State Street. PO Box 231277
Hartford,
CT 06123-1277
__________________________
Ann B. Gimmartino
Acting Clerk of the Commission
FIC2000-270FD/mes/10/05/2000