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FREEDOM OF INFORMATION COMMISSION |
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In
the Matter of a Request |
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Advisory Opinion #30 |
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Town Clerk, Town of Stonington, Applicant |
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February 22, 1978 |
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On January 25, 1978, the Commission considered and agreed to respond to the request for an advisory opinion filed by the Town Clerk, Town of Stonington.
In its Advisory Opinion #1, the Commission issued its opinion concerning substantially the same questions presented in this request. Because the General Assembly amended section 1-15, G.S., effective July 1, 1977, and because of the continuing uncertainty on the part of municipal clerks throughout Connecticut, the Commission will up-date and clarify its earlier opinion.
The applicant properly points out that section 7-34a (a), G.S., provides that:
Town clerks shall receive, for making a copy of any document either recorded or filed in their offices, one dollar for the first page or two hundred words or fractional part thereof, as the case may be, and fifty cents for each additional page or two hundred words or fractional part thereof, as the case may be; for certifying any copy of the same, one dollar, for making a copy of any survey or map, the actual cost thereof; and for certifying such copy of a survey or map, one dollar.
The applicant also points out that section 7-23, G.S., provides that:
Town clerks shall keep the records of their respective towns and truly enter therein, either by transcribing or by photographic process, all votes of the town and give true copies of the same and of all deeds and other instruments by them recorded……..
In addition, section 47-10, G.S., requires land conveyances to be recorded in town land records in order to be effectual against the world; sections 7-24 and 7-25, G.S., require town clerks to maintain records and indices of instruments within their custody as public records; and section 7-74, G.S. requires a one dollar fee for certification of birth registration and a two dollar fee for certification of birth, marriage or death certificates.
On the other hand, the Freedom of Information Act contains its own provisions concerning the maintenance of public records by municipal clerks and the fees for copies of same. See particularly sections 1-15 and 1-19 (a), G.S. For the applicability of these provisions to municipal clerks, see the definition of "public agency" in section 1-18a (a). G.S.
The applicant's request therefore raises these questions:
1. Are sections 7-23, 7-24, 7-25, 7-34a, 7-74 and 47-10, G.S., when read together, irreconcilably inconsistent with the above-cited provisions of the Freedom of Information Act?
2. What fees may municipal clerks charge with respect to the documents referred to in the statutes enumerated in question 1?
OPINION IN RESPONSE TO QUESTION 1.
For the reasons stated below, the Commission is of the opinion that the answer to question 1 is no.
As a primary rule of statutory construction, statutes should be interpreted, if possible, so as to reconcile apparently inconsistent provisions in order to created one consistent body of law. State v. White, 169 Conn. 223, 363 A2d 143 (1975); Spring v. Constantino, 362 A2d 871 (1975). It is clear from the language of the Freedom of Information Act and its legislative history that the Act is one of general applicability as to all public agencies within its coverage. Consequently, under another primary rule of statutory construction, it would be superceded generally by otherwise inconsistent statutes of specific applicability. State v. White, supra; City of Meriden v. Board of Tax Review of Town of Berlin, 161 Conn. 396, 288 A2d 435 (1971). And where the provisions of the Act conflict with other statutes of general applicability, the governing rule of statutory construction is that the later enacted prevails over the earlier. Pizzola v. Planning and Zoning Commission of Town of Plainville, 167 Conn. 202, 355 A2d 21 (1974).
It is the Commission's opinion that certain provisions of the statutes enumerated in question 1 are not in conflict with the above-cited sections of the Freedom of Information Act. Thus the Commission concludes that municipal clerks may charge the certification fees prescribed in sections 7-34a (a) and 7-74. This result is apparent because the requirements regarding certified copies of public records set forth in section 1-15 are prefaced by the phrase "Except as otherwise provided by law." Since sections 7-34a(a) and 7-74 establish a different fee schedule for certification than does section 1-15, they clearly govern.
The Commission is also of the opinion that the reference in section 7-34a(a) to copies of surveys or maps makes that provision, in regard to those kinds of documents, a statute of specific applicability, in effect superceding contrary language in the Freedom of Information Act. Similarly, the Commission believes that the specific references to land records in section 7-34a (a) causes its fee provisions to prevail over any inconsistent requirement in section 1-15.
It should be noted that the records alluded to in the preceding paragraph are maintained by the respective municipalities in large measure as a proprietary function for the convenience of private transactions and commerce. It is therefore reasonable to conclude that when the General Assembly enacted section 7-34a (a) and its predecessors, it permitted municipalities to charge fees which would help off-set, to some degree, the burden of financing local government as a whole. This is perfectly consistent, of course, with a proprietary role.
The Commission will not rule at this time on the fees for copies of other proprietary-type records maintained by municipal clerks under statutes not specified in this request. However, the principles set forth herein may prove helpful in considering which of seemingly conflicting statutes should apply.
Finally, it is the Commission's opinion that the fee requirements of the Freedom of Information Act supercede any contrary provisions in the statutes enumerated in question 1 with respect to other public records unless other statutes particularly mandate a different fee for a specific class of records. This conclusion is based on the conviction that as to such records, the statutes enumerated in question 1 are of general applicability only. Since the cost of copy provisions of section 1-15 were amended by P.A. 77-609, effective July 1, 1977, they constitute a later enacted statute taking precedence over any inconsistent earlier law, including the sections enumerated in question 1.
This position is clearly supported by the legislative history of the Freedom of Information Act, including the legislative intent manifested in amending the cost of copy requirements of section 1-15. That intent is premised on the notion that the people in a representative democracy have the fundamental right, with very limited exception, to know how its government is serving them. The necessary corollary to this principle is the right of access to the public records maintained by government. The charge for providing this access should therefore be minimal so as not to discourage civic participation and review.
OPINION IN RESPONSE TO QUESTION 2.
Based on the analysis and conclusions stated above, it is the Commission's opinion that the fees listed below should be charged for each of the corresponding classes of records.
CLASS OF RECORDS FEE STATUTORY REFERENCE
Survey or map (copy) Actual Cost 7-34a (a)
Survey or map (certification) $1.00 7-34a (a)
Document recorded or filed
with municipal clerk
(certification) $1.00 7-34a (a)
Birth registration
(certification) $1.00 7-74
marriage or death
certificate $2.00 7-74
Land records, first page or
200 words or fractional
part thereof (copy) $1.00 7-34a (a)
Land records, each
additional page or 200
words or fractional part
thereof (copy) $ .50 7-34a (a)
CLASS OF RECORDS FEE STATUTORY REFERENCE
Other public records filed
or recorded with municipal
clerk, unless different fee is
required by other statutes
with reference to specified
class of records (copy) No more than 1-15
$.25 per page
Other public records filed
or recorded with municipal
clerk, unless different fee is
required by other statutes with
reference to specified class of
records (printout or transcription) Actual Cost 1-15
The Commission is also of the opinion that the waiver of fee provisions of section 1-15 would apply to the latter two classes of records.
By Order of the Freedom of
Information Commission
________________________
Helen M. Loy, Chairman of
of the Freedom of Information
Commission
Date _March 11, 1978_
Ordered_________________
Charlene G. Arnold, Clerk