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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Anthony C. Krzeminski, |
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Complainants |
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against |
Docket #FIC 2001-144 |
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Board of Fire
Commissioners, |
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Respondents |
May 23, 2001 |
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The
above-captioned matter was heard as a contested case on April 16, 2001, 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.
By letter of complaint dated March 8, 2001 and filed with the
Commission on March 14, 2001, the complainant appealed to the Commission
alleging that the respondent violated the Freedom of Information Act by
denying him a copy of the following records (hereinafter “requested records”):
a. the minutes of the respondent’s December 2000 regular meeting;
b.
the tape of the respondent’s
December 2000 regular meeting; and
c.
the date, time, individuals present
and the vote of such individuals at the meeting/ executive session held to
null and void a list of firefighters who were on the list to get a position in
the fire department.
3. It is found that by letter
dated February 15, 2001 the complainant requested that the chairman of the
respondent provide him with copies of the requested records as described in
paragraph 2a, 2b and 2c, above. It
is found that the February 15, 2001 request was hand-delivered to the
respondent’s Executive Secretary/ Treasurer.
4. With respect to the request as described in paragraph 2a, above, it is found that the respondent has the requested minutes. It is also found that such minutes were not provided to the complainant “promptly” upon the receipt of the complainant’s February 15, 2001 request. Section 1-210(a), G.S., requires that “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.] Consequently, the respondent violated the promptness provision of §1-210(a), G.S., when it failed to provide the complainant with a copy of the requested minutes “promptly”.
5. With respect to the request as described in paragraph 2b, above, it is found that the respondent has the requested meeting tape, however, in order to provide the complainant with a copy, the respondent had to engage the services of an outside professional recording service. It is found that upon completion of the copy by the outside professional service, the chairman requested that the complainant prepay the copy fee of approximately $12-$15, which the complainant refused to do. Section 1-212(c), G.S., provides, in relevant part: “[a] public agency may require the prepayment of any fee required or permitted under the Freedom of Information Act if such fee is estimated to be ten dollars or more.” Because the respondent is entitled to request prepayment for the copy fee, and because the complainant has refused to make such payment, it is concluded that the respondent has not denied the complainant a copy of the requested tape.
6. With respect to the request as
described in paragraph 2c, above, it is found that the respondent did not hold
a meeting/executive session at which the list of firefighters was declared
null and void. It is found that
that the respondent does not have any record responsive to the complainant’s
request. It is found that the
chairman of the respondent cancelled the list of firefighters.
Because the respondent does not have any record responsive to the
complainant’s request, it is concluded that the
respondent did not violate the complainant’s rights 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. Forthwith, the chairman of the respondent shall provide to the complainant, by certified mail, a copy of the requested December 2000 meeting minutes, if the complainant has not yet received such copy.
2. The complaint is dismissed with respect to the request for the tape of the December 2000 meeting.
3. It is apparent from the
bickering at the hearing and the contentious attitudes of the parties that all
channels of communication have broken down between the complainant and the
chairman of the respondent. This
Commission suggests that both parties make a meaningful effort to resolve
their differences.
Approved by Order of the Freedom of Information Commission at its regular meeting of May 23, 2001.
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Petrea A. Jones
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:
Anthony C. Krzeminski
1 Robart Street
West Haven, CT 06516
Board of Fire Commissioners, Allingtown Fire District
ATTN: Aaron M. Haley, Chairman
20 Admiral Street, PO Box 26095
West Haven, CT 06516-0960
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Petrea A. Jones
Acting Clerk of the Commission
FIC/2001-144/FD/paj/05/29/2001