FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by FINAL DECISION
Regina Lane,  
  Complainant  
  against   Docket #FIC 2008-501

Housing Authority,

Town of Plymouth,

 
  Respondent November 12, 2008
       

 

The above-captioned matter was consolidated for hearing with Docket # FIC 2008-353, Regina Lane v. Town Council, Town of Plymouth, and Housing Authority, Town of Plymouth, as well as Docket # FIC 2008-502, also captioned Regina Lane v. Housing Authority, Town of Plymouth. All three matters were scheduled for hearing as contested cases on August 29, 2008, at which time both the complainant and the respondent in the above captioned matter appeared 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)(A), G.S.

 

2.  It is found that, by letter dated July 8, 2008, the complainant made a request to the respondent for copies of three categories of records (the “requested records”), including:

 

a)      the invoice for the purchase by the respondent of an individually identified refrigerator;

b)      records concerning service repairs and replacement of parts for the same individually identified refrigerator; and

c)      any records verifying the date of manufacture of the same individually identified refrigerator.

 

3.  By letter dated July 29, 2008 and filed with the Commission on July 31, 2008, the complainant appealed to the Commission, alleging that the respondent’s failure to provide the requested records violated the Freedom of Information Act (“FOIA”).

 

4.  Section 1-200(5), G.S., states:

 

“Public records or files” means any recorded data or information relating to the conduct of the public's business prepared, owned, used, received or retained by a public agency, or to which a public agency is entitled to receive a copy by law or contract under section 1-218, whether such data or information be handwritten, typed, tape-recorded, printed, photostated, photographed or recorded by any other method.

 

5.  Sections 1-210(a) and 1-212(a), G.S., state, respectively, in relevant parts:

 

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, (2) copy such records in accordance with subsection (g) of section 1-212, or (3) receive a copy of such records in accordance with section 1-212. 

 

 

Any person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record. 

 

6.  It is found that the Executive Director of the respondent conducted a diligent search of the three vertical file cabinets of the respondent’s records, and that no records referred to in paragraph 2, above, exist.

 

7.  It is concluded that the respondent did not violate §§1-210(a) and 1-212(a), G.S., by failing to provide requested records that did not exist.

 

            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 November 12, 2008.

 

 

____________________________

S. Wilson

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:

 

Regina Lane

56 Gosinski Park

Terryville, CT 06786

 

Housing Authority,

Town of Plymouth

c/o Thomas W. Conlin, Esq.

Hamzy & Conlin, LLC

140 Farmington Avenue

Bristol, CT 06010

 

 

 

 

____________________________

S. Wilson

Acting Clerk of the Commission

 

 

FIC/2008-501FD/sw/11/20/2008