FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by

FINAL DECISION

Armetta & Associates, LLC and 
Maromas Development Associates, LLC,

 

Complainants

 

 

against

Docket # FIC 2001-216

William A. Holley III, Chairman,
Planning and Zoning Commission,
City of Middletown,

 

 

Respondents

August 22, 2001

 

 

 

 

            The above-captioned matter was heard as a contested case on June 27, 2001, at which time the complainants and respondent appeared, and presented argument and exhibits on the case. 

 

            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 and filed on April 30, 2001, the complainants alleged that the respondent violated the Freedom of Information Act by failing to keep a copy of a February 28, 2001 letter, which the respondent wrote to the Connecticut Department of Economic and Community Development [hereinafter “the letter”], and consequently failing to provide the complainants with a copy of the letter upon their request.  Specifically, the complainants alleged that the respondent thereby violated §§1-210(a), 1-240(a) and 1-18, G.S.  The complainants attached a copy of the letter to the complaint.  The complainants requested the imposition of civil penalties in this matter.

 

            3.  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…shall be public records and every person shall have the right to…receive a copy of such records….”

 

            (Emphasis added).

 

            4.  Section 1-240(a), G.S., provides in relevant part that:

 

[a]ny person who wilfully, knowingly and with intent to do so, destroys, mutilates or otherwise disposes of any public record without the approval required under section 1-18 or unless pursuant to chapter 47 or 87l, or who alters any public record, shall be guilty of a class A misdemeanor and each such occurrence shall constitute a separate offense.

 

            5.  Section 1-18, G.S., provides in relevant part that:

 

[t]he original records, papers or documents so reproduced may be disposed of in such manner as may meet the approval of the head of the political subdivision in charge thereof…with the approval of the Public Records Administrator….

 

            6.  At the outset of the hearing in this matter, the respondent moved to dismiss the complaint, contending that the Commission lacks subject matter jurisdiction in this matter.

 

7.  At the hearing in this matter, the complainants conceded, and it is therefore found, that the respondent did not keep on file or maintain the letter, within the meaning of §§1-210(a), G.S., at the time of the complainants’ request for a copy of the letter. 

 

8.  It is therefore concluded that the respondent did not violate §1-210(a), G.S. 

 

9.  It is further concluded that the State Public Records Administrator, and not this Commission, has jurisdiction over the retention and destruction of public records, pursuant to §11-8a, G.S.    

 

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 August 22, 2001.

 

 

_________________________________________

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:

 

Armetta & Associates, LLC and Maromas

Development Associates, LLC

c/o William Corvo

William Corvo Consultants, Inc.

90 Industrial Park Road

Middletown, CT  06457

 

William A. Holley III, Chairman,

Planning and Zoning Commission,

City of Middletown

c/o David Welch-Rubin, Esq.

278 Orange Street

New Haven, CT  06510

 

 

________________________________

Dolores E. Tarnowski

Clerk of the Commission

 

 

FIC/2001-216/FD/mes/08/24/2001