In the Matter of a Complaint by Final Decision


Kevin Mullane and Beechwood Gardens Tenants' Association,




against Docket #FIC 87-209


Commissioner, Department of Housing of the State of Connecticut,


Respondent September 23, 1987


The above-captioned matter was heard as a contested case on August 18, 1987, at which time the parties 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 July 8, 1987, the complainants requested documents relating to Beechwood Gardens Moderate Rental Housing Project.


3. The respondent claimed initially that the records were exempt from disclosure.


4. Prior to hearing most of the documents were provided to the complainants.


5. At hearing it was agreed that certain additional records would be provided which had not yet been made available.


6. The complainants alleged that the respondent had failed to provide the approved preliminary and final proposals submitted by the developer Beechwood Gardens Limited Partnership.


7. The respondent claimed that it had provided all proposals it had, and that some financial information submitted in the proposals was exempt from disclosure under 1-19(b)(5), G.S.


Docket #FIC 87-209 page 2


8. It is found that the respondent does not have preliminary and final proposals submitted by Beechwood Gardens Limited Partnership.


9. It is further found that financial information submitted by the applicant known as Circle Corporation is exempt from disclosure under 1-19(b)(5), G.S., as financial information given in confidence and not required by statute.


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 special meeting of September 23, 1987.



Catherine H. Lynch

Acting Clerk of the Commission