FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by FINAL DECISION

 

Bill Garrett and Keep Greater Bridgeport Liveable

 

Complainants

 

against Docket #FIC 87-75

 

Connecticut Resources Recovery Authority

 

Respondent June 10, 1987

 

The above-captioned matter was heard as a contested case on April 23, 1987, at which time the complainants 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 dated February 17, 1987, the complainants requested copies of test reports or test data concerning the existence of hazardous and radioactive waste (hereinafter "test reports"), on or beneath the Bridgeport-Resco Project. If no such reports exist, the complainants requested the respondent to provide them with a signed statement to that effect.

 

3. By letter dated March 8, 1987, the complainants reiterated their request, more fully described in paragraph 2, above.

 

4. Having received no response from the respondent, by letter dated March 22, 1987 and filed with the Commission on March 23, 1987, the complainants alleged that the respondent violated the Freedom of Information Act in its refusal to release the test reports.

 

5. The respondent claims that the only document it has concerning tests reports of the Bridgeport-Tesco Project already has been provided to the complainant.

 

Docket #FIC 87-75 Page 2

 

6. It is found that the complainant has a copy of the test reports concerning the Bridgeport-Resco Project described in paragraph 5, above.

 

7. It also is found that the respondent failed to respond in writing to the complainant's request within four business days in violation of 1-21i(a), G.S.

 

8. It further is concluded that if the respondent has other test reports concerning the Bridgeport-Resco Project, such reports are public records within the meaning of 1-18a(d), G.S., subject to disclosure under 1-19(a), G.S.

 

The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

1. The respondent shall forthwith conduct a diligent search of the records in its custody, including all places where the records at issue might be found, to determine whether there are any records in its custody of the nature sought by the complainant, as more fully described in paragraph 2 of the findings, above.

 

2. The respondent shall forthwith provide the complainants with any records located as a result of the aforementioned search.

 

3. If the respondent is unable to locate the records sought by the complainants in their request, it shall prepare an affidavit describing in detail what steps were taken to locate the records and shall send such affidavit to the complainants.

 

4. The respondent shall henceforth act in strict compliance with the requirements of 1-21i(a), G.S.

 

Approved by order of the Freedom of Information Commission at its regular meeting of June 10, 1987.

 

Catherine I. Hostetter

Acting Clerk of the Commission