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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Wesley S. Lubee, Jr., |
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Complainant |
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against |
Docket #FIC 2000-489 |
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Conservation
Commission, Town of |
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Respondents |
November 8, 2000 |
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The above-captioned matter was heard as a contested
case on October 4, 2000, 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.
2. It is found that, by letter dated August 15, 2000, the complainant requested that the respondent provide him with copies of:
a. any and all correspondence to or from Mildred Neal regarding her Scard Road/Washington Trail land;
b. any and all internal memos, notes or letters regarding the Scard Road/Washington Trail property;
c. any appraisals or other advisories engaged by [the respondent] commission or in [the respondent’s] possession regarding the Scard Road/Washington Trail property;
d. the name of the commission member assigned to follow up with Mildred Neal or, if the Commission deemed this to be beyond [its] jurisdiction, name of the administration person who was alerted to Mildred Neal’s favorable response.
3. It is further found that, having failed to receive a response to the letter described in paragraph 2, above, the complainant renewed the request described therein by letter dated August 24, 2000, and informed the respondent that, if a response was not received within four days, a complaint would be filed with this Commission.
4. By letter dated August 28, 2000, and filed with the Commission on September 1, 2000, the complainant alleged that the respondent violated the Freedom of Information [hereinafter “the FOI”] Act, by denying him copies of the records described in paragraph 2, above.
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 or to receive a copy of such records in accordance with the provisions of section 1-212….
6. Section 1-212(a), G.S., provides in relevant part that:
(a) Any person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record….
7. It is found that, under cover letter dated August 30, 2000, the respondent provided the complainant with all existing records responsive to the request described in paragraph 2.b, above, and informed the complainant that there are no records responsive to the request described in paragraphs 2.a, 2.c, and 2.d.
8. At the hearing in this matter, the respondent acknowledged that it was not prompt within the meaning of §1-212(a), G.S., in its response to the complainant. Therefore, it is concluded that the respondent violated the promptness provision of such statute in this matter. At the hearing, the respondent pledged to comply with the promptness provision of the FOI Act in the future.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. Henceforth, the respondent shall strictly comply with the promptness provision of §1-212(a), G.S.
2. The respondent is advised that prompt communication with records requesters can often avoid costly and time-consuming administrative hearings at the Commission.
Approved by Order of the Freedom of Information Commission at its regular meeting of November 8, 2000.
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Dolores E. Tarnowski
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:
Wesley S. Lubee, Jr.
15 Montowese Trail
Wallingford, CT 06492
Conservation Commission, Town
of Wallingford
c/o Adam Mantzaris, Esq.
and Janis Small, Esq.
Town of Wallingford
Department of Law
45 South Main Street
Wallingford, CT 06492
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Dolores E. Tarnowski
Clerk of the Commission