FREEDOM OF
INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT
| In the Matter of a Complaint by | FINAL DECISION | ||
| Misty Williams and Dawn Massey, | |||
| Complainants | |||
| against | Docket #FIC 2004-510 | ||
|
Jill Wood, Assistant to Assessor, Town of Branford, |
|||
| Respondent | July 27, 2005 | ||
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 letters dated October 9 through November 2, 2004, the complainants made twenty requests to the respondent requesting “a certified copy on paper of the complete town record” that identifies the individual who inspected/appraised the following properties, and the date such individual inspected the property:
i) 10 Sybil Creek Place – inspection for the 2003 Grand List;
ii) 19 Sybil Creek Place – inspection for the 2003 Grand List;
iii) 1 Sybil Creek Place – inspection for the 2003 Grand List;
iv) 12 Sybil Creek Place – inspection for the 2003 Grand List;
v) 136 Red Hill Road- inspection for the 2003 Grand List;
vi) 8 Autumn Ridge Road- inspection for the 2002 Grand List;
vii) 25 Northford Road- inspection for the 2003 Grand List;
viii) 12 Autumn Ridge Road- inspection for the 2002 Grand List;
ix) 6 Abbie Road- inspection for the 2003 Grand List;
x) 29 Autumn Ridge Road inspection for the 2003 Grand List;
xi) 25 Lamphiers Cove Road- inspection for the 2003 Grand List;
xii) 2 Autumn Ridge Road- inspection for the 2003 Grand List;
xiii) 30 Montgomery Parkway- inspection for the 2002 Grand List;
xiv) 5 South Montowese Street – inspection for the 2002 Grand List;
xv) 4 Juniper Point Road – inspection for the 2002 Grand List;
xvi) 76 Sunset Beach Road – inspection for the 2002 Grand List;
xvii) Wheelers Island – inspection for the 2002 Grand List;
xviii) 11 Wakefield Road – inspection for the 2002 Grand List;
xix) 14 Juniper Point Road – inspection for the 2003 Grand List; and
xx) 8 Juniper Point Road – inspection for the 2003 Grand List.
3. It is found that by letters dated October 12 through November 4, 2004, the respondent, through Trista Clyne, Administrative Assistant to the First Selectman, acknowledged receipt of nineteen of the requests, and indicated that the Town of Branford (“town”) would review its records to locate any responsive documents and would notify the complainants accordingly.
4. By letter dated November 8, 2004 and filed on November 10, 2004, the complainants appealed to the Commission alleging that the respondent violated the Freedom of Information Act by failing to provide them with the certified records requested. The complainants requested that civil penalties be imposed upon the respondent.
5. It is found that Trista Clyne received all of the records requests, as described in paragraph 2, above, and such requests are the ones at issue in this appeal.
6. Section 1-210(a), G.S., provides that:
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 … (3) receive a copy of such records in accordance with section 1-212. [Emphasis added].
7. Section 1-212(a), G.S., further provides that: “[A]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record”.
8. With respect to the requests as described in paragraph 2, above, it is unclear from the record whether records responsive to the complainants’ requests exist.
9. Consequently, it is concluded that to the extent the respondent maintains records concerning the properties described in paragraph 2, above, that are responsive to the complainants’ requests and have not provided the complainants with a certified copy of such records, the respondent violated §§1-210(a) and 1-212(a), G.S. However, to the extent that no records exist that are responsive to the complainants’ requests, the respondent did not violate §§1-210(a) and 1-212(a), G.S.
10. Both the complainants’ and the respondent’s requests to consider the imposition of civil penalties are denied.
The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:
1. Forthwith, the respondent shall search the town’s records wherever located and provide the complainants with a certified copy of any existing records found (including, but not limited to field cards and lists such as Complainants’ Exhibit H and Respondent’s Exhibit 1), whether such records are stored electronically or in paper format, concerning the following properties, and which records identify in any way a person(s) or business entity that was either assigned to, or did inspect the following properties:
i) 10 Sybil Creek Place – inspection for the 2003 Grand List;
ii) 19 Sybil Creek Place – inspection for the 2003 Grand List;
iii) 1 Sybil Creek Place – inspection for the 2003 Grand List;
iv) 12 Sybil Creek Place – inspection for the 2003 Grand List;
v) 136 Red Hill Road- inspection for the 2003 Grand List;
vi) 8 Autumn Ridge Road- inspection for the 2002 Grand List;
vii) 25 Northford Road- inspection for the 2003 Grand List;
viii) 12 Autumn Ridge Road- inspection for the 2002 Grand List;
ix) 6 Abbie Road- inspection for the 2003 Grand List;
x) 29 Autumn Ridge Road inspection for the 2003 Grand List;
xi) 25 Lamphiers Cove Road- inspection for the 2003 Grand List;
xii) 2 Autumn Ridge Road inspection for the 2003 Grand List;
xiii) 30 Montgomery Parkway- inspection for the 2002 Grand List;
xiv) 5 South Montowese Street – inspection for the 2002 Grand List;
xv) 4 Juniper Point Road – inspection for the 2002 Grand List;
xvi) 76 Sunset Beach Road – inspection for the 2002 Grand List;
xvii) Wheelers Island – inspection for the 2002 Grand List;
xviii) 11 Wakefield Road – inspection for the 2002 Grand List;
xix) 14 Juniper Point Road – inspection for the 2003 Grand List; and
xx) 8 Juniper Point Road – inspection for the 2003 Grand List.
2. If no records are found, the respondent shall forthwith, provide the complainants with an affidavit indicating that after a complete and thorough search of the town’s records no records responsive to the complainants’ requests were found. Such affidavit shall indicate the nature and extent of the respondent’s search.
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
Jill Wood, Assistant to 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/2004-510FD/paj/8/3/2005