FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by			FINAL DECISION
Murray S. Paull,
		Complainants
	against		Docket #FIC 2001-168
Mayor, Town of Hamden,
		Respondents	June 27, 2001

            The above-captioned matter was heard as a contested case on May 1, 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.  It is found that by letter dated March 14, 2001, the complainant requested that the respondent permit him to inspect the following records concerning certain charges to Lewis Refrigeration’s contract with the town of Hamden, in connection with the Hamden Ice Rink renovations:

 

“originals of all invoices, on which these charges are based, together with supporting documentation, such as related packing lists, receiving reports, work orders, purchase orders and cancelled checks”

 

(hereinafter “requested records”). 

 

3.  By letter dated March 22, 2001 and filed on March 23, 2001, the complainant appealed to the Commission alleging that the respondent violated the Freedom of Information Act by failing to provide him with access to the requested records.

 

4.  It is found that sometime between March 14 and 22, 2001, the town attorney provided the complainant with access to inspect and obtain copies of records he believed satisfied the complainant’s request.  The complainant inspected and received copies of ten such records on March 28, 2001.

 

            5.  The complainant contends however, that the records described in paragraph 4, above, in no way satisfy his records request and that the respondent is supposed to have additional records which he believes are being withheld from him.

 

            6.  Section 1-210(a), G.S., 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. [Emphasis added.]

 

7.  It is concluded that the records provided to the complainant and described in paragraph 4, above, are “public records” within the meaning of §1-210(a), G.S.

 

8.  It is found that the respondent, as well as the following town department heads, the Director of Technical Operations, Finance Director, Director of Parks and Recreation, and Purchasing Agent, have indicated that all documents that exist in each of their departments, and that are responsive to the complainant’s request, have been turned over to the complainant.  Therefore, absent any evidence to the contrary, it is found that the complainant has been provided with all responsive documents that the respondent maintains or keeps on file within the meaning of §1-210(a), G.S.

 

            9.  It is therefore concluded that the respondent did not violate §1-210(a), G.S., 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.  The complaint is hereby dismissed.

 

Approved by Order of the Freedom of Information Commission at its regular meeting of June 27, 2001.

 

 

_________________________________________

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:

 

Murray S. Paull

1405 Dunbar Hill Road

Hamden, CT 06514-1226

 

Mayor, Town of Hamden

c/o Joequina Borges King, Esq.

Office of the Town Attorney

2372 Whitney Avenue

Hamden, CT 06518

 

 

 

________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2001-168/FD/paj/06/29/2001