FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

Reva Paris,

 

Complainant

 

against Docket #FIC 86-237

 

Bristol Housing Authority,

 

Respondent Decmeber 10, 1986

 

The above captioned matter was heard as a contested case on September 25, 1986, 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:

 

1. The respondent is a public agency within the meaning of 1-18a(a), G.S.

 

2. By letter of complaint filed with the Commission on August 20, 1986 the complainant alleged that the respondent denied her access to a file which contains invoices for articles received by it from the federal government.

 

3. By letter dated August 22, 1986 the complainant was informed by the Commission that her letter of complaint did not specify when she was denied access to the file in question and that pursuant to 1-21i(b), G.S., the Commission lacks jurisdiction to hear a complaint that is not filed within 30 days of the alleged violation.

 

4. By letter filed with the Commission on August 25, 1986 the complainant explained that she phoned the respondent on August 12, 1986 and inquired whether "the government surplus files had been found."

 

5. At the hearing before the Commission, the respondent made a motion to dismiss the complaint on the grounds that the complainant's appeal to the Commission was not filed within 30 days of the alleged violation in accordance with 1-21i(b), G.S.

 

Docket #FIC 86-237 Page 2

 

6. It is found that the complainant's inquiry to the respondent on August 12, 1986 was not a request to inspect and/or copy public records within the meaning of 1-15 and 1-19(a), G.S.

 

7. It is further found that the complainant has failed to prove that her complaint was filed with the Commission within 30 days of the alleged violation as required by 1-21i(b), G.S.

 

8. It is therefore concluded that pursuant to 1-21i(b), G.S., the Commission lacks jurisdiction to hear the complaint.

 

9. The respondent's motion to dismiss is therefore granted.

 

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 December 10, 1986.

 

Karen J. Haggett

Clerk of the Commission