FREEDOM
OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
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In the Matter of a Complaint by
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FINAL DECISION
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New Wings, Inc., |
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Complainants
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against
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Docket
#FIC 2001-204 |
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Respondents
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October
10, 2001 |
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The above-captioned matter was
heard as a contested case on May 21, 2001, at which time the complainant and
the respondent appeared, stipulated to certain facts and presented testimony,
exhibits and argument on the complaint. For
purposes of hearing, this case was consolidated with Docket #FIC 2001-203; New
Wings, Inc. v. Airport Commission, City of Bridgeport; and Docket #FIC
2001-205; New Wings, Inc. v. Office of the City Attorney, City of
Bridgeport.
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 April 10, 2001, the complainant
requested that the respondent provide it with copies of “any and all
confidential memos written from anyone in the mayor’s office to the airport
commission, in any way, shape or form, concerning the restaurant/bar
Rickenbacker’s/Wings, New Wings, Inc. or Wings II” [hereinafter the “the
requested records”].
3.
Having failed to receive the requested records, the complainant
appealed to the Commission by letter dated April 23, 2001 and filed on April
24, 2001, alleging that the respondent violated the Freedom of Information
[hereinafter “FOI”] Act by denying the complainant copies of the requested
records.
4. Section 1-210(a), G.S., provides in relevant part:
[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.…
5. Section 1-212(a), G.S., provides in relevant part: “[a]ny
person applying in writing shall receive, promptly upon request, a plain or
certified copy of any public record.”
6.
The respondent submitted one record to the Commission for in-camera
inspection, which record has been identified as in-camera document #
2001-203; 204; 205-1, which record was a memorandum written by an assistant
city attorney to the Rickenbacker file.
7.
Upon careful review, it is found that in-camera document #
2001-203; 204; 205-1, is not responsive to the request described in paragraph
2, above.
8.
It is found that, by letter dated May 7, 2001, the respondent informed
the complainant that it did not maintain any records responsive to the request
described in paragraph 2, above.
9.
It is also found that the respondent did not, and does not, keep on
file or maintain any record that is responsive to the request described in
paragraph 2, above.
10. It is concluded, therefore, that the respondent did not
violate the FOI Act, as alleged in the complaint.
11. At the hearing in this matter, the respondent requested the
imposition of civil penalties against the complainant in this matter.
Such request is hereby denied.
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 October 10, 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:
New Wings, Inc.
c/o Donal C. Collimore, Esq.
1150 Post Road
Fairfield, CT 06430-6040
Office of the Mayor
City of Bridgeport
c/o John H. Barton, Esq.
Associate City Attorney
Office of City Attorney
999 Broad Street, 2nd floor
Bridgeport, CT 06604
________________________________
Petrea A. Jones
Acting Clerk of the Commission
FIC/2001-204/FD/paj/10/16/2001