FIC2001-423

FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by			FINAL DECISION
Michael Del Vecchia,
		Complainants
	against		Docket #FIC 2001-423
Corporation Counsel, Town of Wallingford,
		Respondent	August 28, 2002

The above-captioned matter was heard as a contested case on March 25, 2002, 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 21, 2001, the complainant requested that the respondent provide him with “a computer print out of …[parcel #D016900] for property taxes paid by Del Vecchia Homes, Inc. of 76 Hall Ave. Wallingford, CT for the years” 1958 to 1987 for the 5.2 acre parcel (hereinafter “requested record”).

3. It is found that by letter dated August 30, 2001, the respondent informed the complainant that “this was the same information you asked me to obtain for you toward the end of 1999 or early 2000. I responded on January 17, 2000 and enclosed copies of the only records that the Tax Collector indicated were available concerning that property. Enclosed is a copy of the January 17, 2000 letter. There is nothing more I can do since, upon information, there are no other records.” The respondent enclosed a copy of the January 17, 2000 letter, which indicated that the respondent provided the complainant with “copies of pages from the rate books from the Tax Collector’s Office for the years 1984, 1985 and 1986 and copies of pages from the Assessor’s Real Estate Assessment Roll for the years 1977 to 1983.” The respondent’s January 17, 2000 letter had informed the complainant that, “the Tax Collector’s Office does not keep records older than fifteen years.”

4. By letter dated September 7, 2001 and filed September 10, 2001, the complainant appealed to the Commission, alleging that the respondent violated the Freedom of Information (hereinafter “FOI”) Act by failing to provide him with a copy of the requested record.

5. 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.

6. Section 1-211(a), G. S., further provides:

Any public agency which maintains public records in a computer storage system shall provide, to any person making a request pursuant to the Freedom of Information Act, a copy of any nonexempt data contained in such records, properly identified, on paper, disk, tape or any other electronic storage device or medium requested by the person, if the agency can reasonably make such copy or have such copy made. Except as otherwise provided by state statute, the cost for providing a copy of such data shall be in accordance with the provisions of section 1-212.

7. It is found that the records at issue date back to 1958 and are not records that would be maintained by the respondent but rather, if such records exist, they would be maintained by the town of Wallingford (“town”) Assessor’s, Tax Collector’s and Comptroller’s offices.

8. It is found that by facsimile dated October 22, 2001, the respondent provided the complainant with certain tax bills for the years 1984, 1985 and 1986 that he was able to locate from the Assessor’s, Tax Collector’s and Comptroller’s offices and informed the complainant that “as previously noted, the Tax Collector did not keep copies of billing records more than fifteen (15) years old.” The respondent further informed the complainant that the Tax Collector had located certain assessment records for the years 1977 through 1983, and that such records show the assessment value and not the tax, but that the complainant could calculate the tax for each of the years in question by multiplying the assessment by the mill rate. The respondent also included the mill rates for the years 1977 through 1983.

9. The complainant contends that other records, specifically, records from 1958, may exist. Consequently, at the hearing in this matter the complainant and the respondent agreed that the complainant will be permitted to conduct a search of the records of the town Assessor’s, Tax Collector’s and Comptroller’s offices, and the parties further agreed to work out a time table for the complainant to visit such offices and conduct the search.

10. It is concluded that the respondent used his best efforts to consult with the town Assessor’s, Tax Collector’s and Comptroller’s offices to ascertain if records exist that are responsive to the complainant’s request.

11. Based on the facts and circumstances of this case, it is concluded that the respondent did not violate the FOI Act 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. In accordance with the agreement reached by the parties at the hearing in this matter, the respondent shall permit the complainant access to search the records of the town Assessor’s, Tax Collector’s and Comptroller’s offices. In addition, as represented by the respondent, he will provide the complainant with legible copies of the rate book records previously provided to the complainant.

Approved by Order of the Freedom of Information Commission at its regular meeting of August 28, 2002.

_______________________________________

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:

Michael Del Vecchia

52 Copse Road

Madison, CT 06443-2607

Corporation Counsel,

Town of Wallingford

c/o Janis M. Small, Esq.

Town Attorney

Town of Wallingford

45 South Main Street

Wallingford, CT 06492

________________________________

Petrea A. Jones

Acting Clerk of the Commission

FIC/2001-423/FD/paj/8/29/2002