FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

 

The above-captioned matter was heard as a contested case on May 12, 2005, at which time the complainants and the respondent appeared and presented testimony, exhibits and argument on the complaint.  At the hearing, Dawn Massey requested and was granted party status and the case caption was modified accordingly.  For purposes of hearing, contested cases docket #s FIC 2004-426, Misty  Williams and Dawn Massey v. Barbara T. Neal, Assessor, Town of Branford and FIC 2004-570, Misty Williams and Dawn Massey v. Barbara T. Neal, Assessor, Town of Branford, were consolidated. 

           

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 16, 2004, the complainants requested that the respondent provide them with “certified copies of the bids submitted in 2001, 2002, and 2003 by anyone other than Michael Milici for work as a subcontractor/ consultant to perform property inspections for the Branford Assessor’s Office”.

 

3.  It is found that by letter dated August 17, 2004, the complainants requested that the respondent provide them with “certified copies of the bids submitted in 2004 by anyone other than Michael Milici for work as a subcontractor/consultant to perform property inspections for the Branford Assessor’s Office”.

 

4.  Since all of the issues raised in this appeal with respect to the requests as described in paragraphs 2 and 3, above, have already been fully addressed in contested case docket# FIC 2004-426, Misty Williams and Dawn Massey v. Barbara T. Neal, Assessor, Town of Branford, such issues will not be addressed again herein. 

 

5.  It is found that by letter dated August 25, 2004, the complainants requested that the respondent provide them with access to view and obtain certified copies of the bids submitted in 2001, 2002, 2003 and 2004 by Buckley Appraisal Services, Inc. for work done as a sub-contractor/consultant for the Branford Assessor’s Office hereinafter (“requested bids”).

 

6.  By letter of complaint dated September 23, 2004, and filed on September 27, 2004, the complainants appealed to the Commission, alleging that the respondent violated the Freedom of Information Act by failing to provide them with the requested bids.  The complainants requested that the Commission impose a civil penalty upon the respondent.

 

7.  Section 1-210(a), G.S., provides, in relevant part:

 

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 (1) inspect such records promptly during regular office or business hours …or (3) receive a copy of such records in accordance with section 1-212 …. 

 

8.  It is found that the respondent does not maintain the requested bids.

9.  Consequently, it is concluded that the respondent did not violate §1-210(a), G.S.

10.  The respondent’s request that the Commission consider the imposition of a civil penalty against the complainants is 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 July 27, 2005.

 

________________________________

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:

 

Misty Williams

225 Stony Creek Road

Branford, CT 06405

 

Dawn Massey

225 Stony Creek Road

Branford, CT 06405

 

Barbara T. Neal, Assessor,

Town of Branford

c/o Elizabeth P. Gilson, Esq.

383 Orange Street

New Haven, CT 06511

 

 

 

___________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

 

FIC/2004-443FD/paj/8/2/2005