FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

Walter P. Doolittle,

 

Complainant

 

against Docket #FIC 87-39

 

Pasquale A. Barbato, Deputy Commissioner of the State of Connecticut Department of Revenue Services,

 

Respondent April 22, 1987

 

The above-captioned matter was heard as a contested case on March 23, 1987, at which time the complainant and the respondent appeared, stipulated to certain facts, and presented testimony 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 dated January 22, 1987, the complainant requested copies of the following documents:

 

a. The lien authorizing the taking of money by Mr. Fred Santacrose from the Town of Groton on August 25, 1986.

 

b. The Uniform Commercial Code "Financing Statement," naming the Town of Groton and stating the type of property to be seized, filed with the Secretary of State.

 

c. The tax warrant served by Mr. Fred Santacrose.

 

d. The certified tax statement.

 

e. The itemized bill attached to the tax warrant, pursuant to 12-35, G.S.

 

Docket #FIC 87-39 Page 2

 

f. Mr. Fred Santacrose's reports of his visits to the complainant's office on July 24, 1986 and July 28, 1986 and the report of his visit to the Town of Groton on August 20, 1986.

 

g. The respondent's entire file concerning the complainant's taxes since January 1, 1986.

 

h. The respondent's reply to the complainant's March 7, 1986 letter.

 

i. All documents explaining the $160.00 discrepancy between $546.44, the total amount owed by the complainant as of July 23, 1986, and the taking of $386.44, where a $0.00 balance was indicated as of November 13, 1986.

 

j. The records setting forth the reasons for any cancellation or revision of the amount of tax owed by the complainant, pursuant to 12-39b, G.S.

 

k. The certification by the respondent or his designee that such cancellation or revision was made in the best interest of the state.

 

l. The record of the abatement of taxes, pursuant to 12-39, G.S., including the advice given by the Attorney General and the certification of such abatement to the treasurer and controller.

 

m. The tax appellate officer's response to the complainant's June 13, 1986 letter regarding a revision of the amount of tax owed by the complainant.

 

3. Having received no reply from the respondent, by letter dated February 13, 1987 and filed with the Commission on February 17, 1987, the complainant alleged that the respondent violated the Freedom of Information Act in his refusal to release copies of records, more fully described in paragraph 2, above. The complainant also requested the imposition of a civil penalty.

 

4. Subsequent to the hearing on this matter, the respondent released copies of the records described in paragraph 2f, above, to the complainant and therefore these records are no longer at issue.

 

Docket #FIC 87-39 Page 3

 

5. The respondent claims that copies of the records described in paragraphs 2a, 2c, 2d, 2e, 2g, and 2i, above, already have been provided to the complainant.

 

6. The respondent further claims that the records described in paragraphs 2b, 2h, 2j, 2k, 2l, and 2m, above, do not exist.

 

7. The respondent also requested the imposition of a civil penalty against the complainant at the hearing.

 

8. It is found that copies of the records described in paragraphs 2a, 2c, 2d, 2e, 2g, and 2i, above, already were provided to the complainant.

 

9. It is found that the records described in paragraphs 2b, 2h, 2j, 2k, 2l, and 2m, above, do not exist.

 

10. The Commission declines to impose a civil penalty on either party.

 

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 April 22, 1987.

 

Catherine I. Hostetter

Acting Clerk of the Commission